Jacobs, et al v. The Estate of Victor M. Bose, et al
| James Jacobs and Barbara Stephens |
| John W. Dees, Patrick L. Philyaw, Robert E. Bethea, Sr., Henrietta Bethea and William C. Daughtry |
| 5:2017cv00104 |
| February 27, 2017 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| CUMBERLAND |
| Louise Wood Flanagan |
| Torts to Land |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
48
JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 9/28/2018. (Collins, S.)
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Filing
33
ORDER - Plaintiffs motions for default judgment and preliminary injunction, [DE28] [DE30] are DENIED. Defendant Dees's motion to dismiss or for judgment on the pleadings, [DE22], is GRANTED IN PART AND DENIED IN PART. Cla ims asserted by plaintiff Stephens are DISMISSED WITH PREJUDICE. To the extent plaintiff James Jr. asserts a claim of professional negligence, the claim is DISMISSED WITH PREJUDICE. The court hereby provides NOTICE to the parties that it will treat d efendant Dees's motion to dismiss or for judgment on the pleadings as one for summary judgment under Rule 56 on the issue of plaintiff James Jr.'s interest in the subject property. Defendant Dees is DIRECTED to serve upon plaintiff within 2 1 days of the date of this order materials as described in section B.4 of this order. Plaintiff James Jr. is DIRECTED to file a briefin response to the motion for summary judgment no later than 2/4/18, including as attachments any materials pertinent to the motion, such as documents or declarations made on personal knowledge, setting out facts that would be admissible in evidence. Defendant Dees is DIRECTED to file a reply within 14 days of any response filed by plaintiff, which reply may also p resent any additional materials pertinent to the motion. Under the present circumstances, the court STAYS any requirement for the parties to file Local Rule 56.1 statements of facts or responses with respect to the instant motion. Signed by District Judge Louise Wood Flanagan on 12/21/2017. (Collins, S.)
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