BOLES v. UNITED STATES

BOLES v. UNITED STATES

Plaintiff:	BILLY LEE BOLES, JR
Defendant:	UNITED STATES
Case Number:	1:2013cv00489
Filed:	June 18, 2013
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Davidson
Presiding Judge:	L. PATRICK AULD
Presiding Judge:	THOMAS D. SCHROEDER
Nature of Suit:	P.I.: Other
Cause of Action:	28 U.S.C. § 1346 Tort Claim
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
April 1, 2015	Filing 33 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge L. Patrick Auld on 04/01/2015. IT IS THEREFORE ORDERED that Defendant's Motion to Strike Expert Reports and Exclude Testimony 24 is GRANTED(Coyne, Michelle)
February 26, 2014	Filing 18 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 2/25/2014, that the court finds that it has subject-matter jurisdiction over Counts I through V of the proposed amended complaint and that Counts I through IV may be added as set for th in Boles' proposed amended complaint; that Boles' motion to amend the complaint (Doc. 11 ) is GRANTED insofar as he requests to add his claims for negligence based on assumed duty under Virginia law (Counts I and II) and negligence per se under Virginia law and 18 U.S.C. § 922(d)(4) and (8) (Counts III and IV), as set forth in the proposed amended complaint. As to proposed Counts V and VI, the motion to amend is DENIED on the grounds of futility. FURTHER, that the Government& #039;s motion to dismiss, or in the alternative motion for summary judgment (Doc. 6 ), on grounds of subject-matter jurisdiction is treated as a motion to dismiss at this stage and is GRANTED as to Count VI of the proposed amended complaint; it is o therwise DENIED. FURTHER, that Boles has ten (10) days from the date of this Memorandum Opinion and Order to file and serve on the Government an amended complaint that conforms to the rulings herein. The Government shall have twenty-one (21) days within which to serve its response. (Lloyd, Donna)

Date Filed

Document Text

April 1, 2015

Filing 33 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge L. Patrick Auld on 04/01/2015. IT IS THEREFORE ORDERED that Defendant's Motion to Strike Expert Reports and Exclude Testimony 24 is GRANTED(Coyne, Michelle)

February 26, 2014

Filing 18 MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 2/25/2014, that the court finds that it has subject-matter jurisdiction over Counts I through V of the proposed amended complaint and that Counts I through IV may be added as set for th in Boles' proposed amended complaint; that Boles' motion to amend the complaint (Doc. 11 ) is GRANTED insofar as he requests to add his claims for negligence based on assumed duty under Virginia law (Counts I and II) and negligence per se under Virginia law and 18 U.S.C. § 922(d)(4) and (8) (Counts III and IV), as set forth in the proposed amended complaint. As to proposed Counts V and VI, the motion to amend is DENIED on the grounds of futility. FURTHER, that the Government& #039;s motion to dismiss, or in the alternative motion for summary judgment (Doc. 6 ), on grounds of subject-matter jurisdiction is treated as a motion to dismiss at this stage and is GRANTED as to Count VI of the proposed amended complaint; it is o therwise DENIED. FURTHER, that Boles has ten (10) days from the date of this Memorandum Opinion and Order to file and serve on the Government an amended complaint that conforms to the rulings herein. The Government shall have twenty-one (21) days within which to serve its response. (Lloyd, Donna)

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Plaintiff: BILLY LEE BOLES, JR
Represented By:	ERIC A. RICHARDSON
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Defendant: UNITED STATES
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