Blue v. Akal Enterprises

Blue v. Akal Enterprises

Plaintiff:	Jackie Blue
Defendant:	Akal Enterprises
Case Number:	5:2014cv00095
Filed:	February 20, 2014
Court:	US District Court for the Eastern District of North Carolina
Office:	Western Division Office
County:	CUMBERLAND
Presiding Judge:	Louise Wood Flanagan
Nature of Suit:	Americans with Disabilities - Other
Cause of Action:	42 U.S.C. § 12101
Jury Demanded By:	None

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Date Filed	Document Text
June 30, 2014	Filing 26 MEMORANDUM OPINION - This matter came before the court for hearing June 25, 2014, on defendant's motions for summary judgment and for sanctions (DE 15), and plaintiff's motion to amend (DE 11). This memorandum opinion memorializes decisions issued from the bench, allowing the motion for summary judgment, and allowing the motion for sanctions in part, and denying the motion to amend with leave to file amended complaint. Defendant's motion for summary judgment (DE 15) is GRANTED. De fendants motion for sanctions (DE 15) is DENIED IN PART as to sanctions under N.C. Gen. Stat. § 6-21.5, and GRANTED IN PART as to sanctions pursuant to 42 U.S.C. § 12205 from and after May 13, 2014. Defendant is DIRECTED to file within four teen (14) days affidavit and supporting memorandum regarding attorneys fees sought from and after May 13, 2014, to which plaintiff shall have fourteen (14) days to respond. Plaintiffs motion to amend (DE 11) is DENIED; however, the court HOLDS the ca se OPEN on its active docket, where plaintiff may file within THIRTY (30) DAYS an amended complaint, should plaintiff wish to proceed upon due diligence in investigation against the proper defendant(s). Signed by District Judge Louise Wood Flanagan on 06/30/2014. (Baker, C.)

Date Filed

Document Text

June 30, 2014

Filing 26 MEMORANDUM OPINION - This matter came before the court for hearing June 25, 2014, on defendant's motions for summary judgment and for sanctions (DE 15), and plaintiff's motion to amend (DE 11). This memorandum opinion memorializes decisions issued from the bench, allowing the motion for summary judgment, and allowing the motion for sanctions in part, and denying the motion to amend with leave to file amended complaint. Defendant's motion for summary judgment (DE 15) is GRANTED. De fendants motion for sanctions (DE 15) is DENIED IN PART as to sanctions under N.C. Gen. Stat. § 6-21.5, and GRANTED IN PART as to sanctions pursuant to 42 U.S.C. § 12205 from and after May 13, 2014. Defendant is DIRECTED to file within four teen (14) days affidavit and supporting memorandum regarding attorneys fees sought from and after May 13, 2014, to which plaintiff shall have fourteen (14) days to respond. Plaintiffs motion to amend (DE 11) is DENIED; however, the court HOLDS the ca se OPEN on its active docket, where plaintiff may file within THIRTY (30) DAYS an amended complaint, should plaintiff wish to proceed upon due diligence in investigation against the proper defendant(s). Signed by District Judge Louise Wood Flanagan on 06/30/2014. (Baker, C.)

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Defendant: Akal Enterprises
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Plaintiff: Jackie Blue
Represented By:	Christopher D. Lane
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