Grubb v. Holiday Delta, Inc.
| Grubb and Karhl Franklin Grubb |
| Traub, Daniel Traub, Paul Cawn, Rose Clark, Roger Vink and Holiday Delta, Inc. |
| 7:2016cv00422 |
| December 29, 2016 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| ONSLOW |
| Louise Wood Flanagan |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 31 JUDGMENT - In accordance with the courts order entered 1/29/18, and for the reasons set forth more specifically therein, this case is dismissed without prejudice for failure to respond to the show cause order. Signed by Peter A. Moore, Jr., Clerk of Court on 2/27/2018. (Collins, S.) |
| Remark - Having received no response from plaintiff, civil case terminated pursuant to Order #28 . (Collins, S.) |
Filing 28
ORDER TO SHOW CAUSE - Plaintiff is DIRECTED to show cause, within 21 days from the date of this order, why this matter should not be dismissed for failure to follow the courts direction and for failure to prosecute, or plaintiff shall make filings required to bring himself in compliance with the clerks January 9, 2018, letter. In the event plaintiff fails to respond as directed, the clerk shall, without further order of the court, dismiss without prejudice plaintiffs action and close the case. Show Cause Response due by 2/22/2018. Signed by District Judge Louise Wood Flanagan on 1/29/2018. (Collins, S.)
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| Filing 27 Letter from Sandra Collins, Deputy Clerk regarding missing summons and change of address. (Collins, S.) |
| Filing 26 Letter from Sandra Collins, Deputy Clerk requesting missing summons. (Collins, S.) |
| Filing 25 AMENDED COMPLAINT against Holiday Delta, Inc., filed by Karhl Franklin Grubb. (Attachments: #1 Exhibit EEOC form - Dismissal and Notice of Rights) (Collins, S.) |
| Filing 24 Letter from S. Collins, Deputy Clerk sending copy of text order to pro se plaintiff. (Collins, S.) |
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TEXT ORDER: This matter is before the court on defendant's motion to dismiss #15 , inter alia, on the basis that plaintiff named individual defendants instead of his employer in asserting claims under the Americans with Disabilities Act (ADA) and North Carolina wrongful discharge. The law is well established that the ADA and North Carolina law of wrongful discharge does not provide for individual liability. See Baird v. Rose, 192 F.3d 462, 472 (4th Cir. 1999); Iglesias v. Wolford, 539 F.Supp.2d 831, 839 (E.D.N.C. 2008). Therefore defendant's motion to dismiss is GRANTED and plaintiff's claims against defendants are DISMISSED WITHOUT PREJUDICE. Plaintiff may file within 14 days of the date of this order an amended complaint asserting claims against proper defendant(s). Plaintiff is cautioned that any amended complaint will be considered the complaint in its entirety, and the court will not look back through prior papers filed to glean additional claims not alleged in the amended complaint. If plaintiff fails to file an amended complaint within the time specified, this case may be dismissed with prejudice. In light of the court's determination of defendant's motion to dismiss, defendant's motion to strike surreply #21 is DENIED AS MOOT. Signed by District Judge Louise Wood Flanagan on 9/1/17. (Collins, S.)
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| Motion Submitted to District Judge Louise Wood Flanagan: regarding #22 MOTION to Strike #21 Reply to Response to Motion . (Collins, S.) |
| Filing 23 Memorandum in Support regarding #22 MOTION to Strike #21 Surreply to Response to Motion filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Smith, Ann) |
| Filing 22 MOTION to Strike #21 Surreply to Response to Motion filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Attachments: #1 Text of Proposed Order) (Smith, Ann) |
| Remark - #21 SURREPLY to Response to Motion submitted to District Judge Louise Wood Flanagan. (Tripp, S.) |
| Filing 21 SURREPLY to Response to Motion regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Karhl Franklin Grubb. (Attachments: #1 Supporting Documents, #2 Envelope) (Tripp, S.) |
| Filing 20 REPLY to Response to Motion regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Smith, Ann) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Tripp, S.) |
| Filing 19 RESPONSE to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Karhl Franklin Grubb. (Attachments: #1 Exhibit - Interrogatories, #2 Envelope) (Castania, M) Modified on 6/22/2017 to correct date filed. (Castania, M) |
| Filing 18 Letter from Case Administrator to Plaintiff regarding 5/23/2017 TEXT ORDER. (Baker, C.) |
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TEXT ORDER - Where the defendants have filed a motion to dismiss for failure to state a claim, good cause exists to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order. Pending completion of briefing on the motion now at issue, and decision thereon by this court, the court stays that aspect of the case so as to promote focus on the issues raised in defendants' motions. Should issues remain after those motions are decided, the court promptly will lift the stay herein ordered, all in accordance with Rule 1 of the Federal Rules of Civil Procedure. Signed by District Judge Louise Wood Flanagan on 5/23/2017. (Baker, C.)
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| Filing 17 Rule 12 Letter Issued to Plaintiff as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Baker, C.) |
| Filing 16 Memorandum in Support regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Attachments: #1 Exhibit 1 - Declaration of Daniel Traub, #2 Exhibit 2 - Declaration of Paul Cawn, #3 Exhibit 3 - Declaration of Rose Galindo, #4 Exhibit 4 - Declaration of Roger Vink) (Smith, Ann) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Attachments: #1 Text of Proposed Order) (Smith, Ann) |
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Filing 14
ORDER granting #12 Motion for Extension of Time to Answer Paul Cawn answer due 5/22/2017; Rose Clark answer due 5/22/2017; Daniel Traub answer due 5/22/2017; Roger Vink answer due 5/22/2017. Signed by Peter A. Moore, Jr., Clerk of Court on 4/19/2017. Copy sent to Karhl Franklin Grubb, 8112 Richlands Hwy PMB 13, Richlands, NC 28574 via US Mail. (Edwards, S.)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding: #12 MOTION for Extension of Time to File Answer regarding #1 Complaint or Otherwise Plead. (Edwards, S.) |
| Filing 13 Certificate of Service filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink (AMENDED). (Smith, Ann) |
| Filing 12 MOTION for Extension of Time to File Answer regarding #1 Complaint or Otherwise Plead filed by Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Attachments: #1 Text of Proposed Order) (Smith, Ann) |
| Filing 11 Financial Disclosure Statement by Roger Vink. (Smith, Ann) |
| Filing 10 Financial Disclosure Statement by Rose Clark. (Smith, Ann) |
| Filing 9 Financial Disclosure Statement by Paul Cawn. (Smith, Ann) |
| Filing 8 Financial Disclosure Statement by Daniel Traub. (Smith, Ann) |
| Filing 7 Notice of Appearance filed by Caitlin Murray Goforth on behalf of Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Goforth, Caitlin) |
| Filing 6 Notice of Appearance filed by Ann Herlocker Smith on behalf of Paul Cawn, Rose Clark, Daniel Traub, Roger Vink. (Smith, Ann) |
| Filing 5 Letter from Case Administrator to Plaintiff regarding service of process. (Baker, C.) |
| Filing 4 Summonses Issued as to Paul Cawn, Rose Clark, Daniel Traub, and Roger Vink. Summons issued at intake. (Rudd, D.) |
| Filing 3 Notice of Self-Representation filed by Karhl Franklin Grubb. (Rudd, D.) |
| Filing 2 Financial Disclosure Statement filed by Karhl Franklin Grubb. (Rudd, D.) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400.00, receipt number NEW000747) filed by Karhl Franklin Grubb. (Attachments: #1 Exhibit 1- Notice of Suit Rights, #2 Civil Cover Sheet) (Rudd, D.) |
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