LARROWE v. BANK OF THE CAROLINAS et al
| MICHAEL D. LARROWE |
| BANK OF THE CAROLINAS, ROBERT W. JOHNSON, WILLIAM A. BURNETTE, THOMAS G. FLEMING, MICHELLE CLODFELTER, DENISE BARNHARDT and JAMES TIMOTHY MERRITT |
| 1:2010cv00378 |
| May 14, 2010 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Davie |
| UNASSIGNED |
| Other Contract |
| Diversity |
| Plaintiff |
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Filing
167
MEMORANDUM OPINION AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 08/24/2011. For the reasons stated herein, it is RECOMMENDED that the court GRANT the following motions: the motion for summary judgment by Defendant Ban k of the Carolinas (docket no. 108 ); the motion for summary judgment by Defendants William A. Burnette and Thomas G. Fleming (docket no. 111 ); the motion for summary judgment by Defendant Robert W. Johnson (docket no. 114 ); the motion for summa ry judgment by Defendant James Timothy Merritt (docket no. 117 ); and the motion for summary judgment by Plaintiff Michael Larrowe as to Defendant Bank of the Carolinas' amended counterclaims (docket no. 119 ). Furthermore, it is RECOMMENDED that the court DENY the following motion: the motion for summary judgment by Defendant Bank of the Carolinas on its amended counterclaims against Plaintiff Michael Larrowe (docket no. 130 ).20(Taylor, Abby)
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Filing
162
MEMORANDUM OPINION AND RECOMMENDATION - MAGISTRATE JUDGE signed by MAG/JUDGE WALLACE W. DIXON on 05/16/2011. This matter is before the court on a motion by Defendant Bank of the Carolinas to dismiss with prejudice certain counterclaims (docket no. [9 6]) filed by the Bank against Plaintiff pursuant to Rule 41(c) of the Federal Rules of Civil Procedure. See FED. R CIV. P. 41(c). Plaintiff has not opposed the motion, and the matter is ripe for disposition. Because Plaintiff does not oppose the moti on, IT IS RECOMMENDED that the court grant the Bank's motion to dismiss with prejudice the following allegations and claims against Plaintiff (docket no. 96 ), as alleged in the Bank's First Amendment of Counterclaim (docket no. 77 ): paragraph 8(e); Count III(tortious interference with regulatory relationships) (paragraphs 18-22); and Count VI (unfair and deceptive trade practices) (paragraphs 32-39).(Taylor, Abby)
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