SUPERIOR PERFORMERS, INC. v. MEAIKE et al
| SUPERIOR PERFORMERS, INC. |
| SHAWN L. MEAIKE, MARC J. MEADE, BRYANT STONE, FRANK EUFEMIA, JAIME EUFEMIA and MICHAEL SIZER |
| 1:2013cv01149 |
| December 27, 2013 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| JOI ELIZABETH PEAKE |
| JAMES A. BEATY |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
248
MEMORANDUM OPINION AND ORDER signed by JUDGE JAMES A. BEATY, JR., on 06/19/2015. The Movants' Motion to Dismiss the Amended Counterclaim and Third-Party Complaint 219 is GRANTED IN PART AND DENIED IN PART as described in the attached herein. Defendants shall file an Amended Answer and Counterclaim Complaint. The Movants' original Motion to Dismiss 213 is DENIED AS MOOT. (Coyne, Michelle)
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Filing
217
MEMORANDUM OPINION AND ORDER signed by Judge James A. Beaty re: 181 MOTION for Sanctions is GRANTED IN PART and DENIED IN PART. The Court finds that Plaintiff has some degree of fault, however the fault does not constitute the basis for i mposition of the sanctions requested by the Movants. The Court finds that preventing Plaintiff from using the Wilson Voicemail in support of its claims is a sufficient sanction for Plaintiff's conduct. Should the voicemail be presented as evidence at trial, the need for spoliation instruction will be addressed at that time. (Coyne, Michelle)
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Filing
207
MEMORANDUM OPINION AND ORDER signed by JUDGE JAMES A. BEATY, JR on 11/10/2014, that Plaintiff's Motion to Amend is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that Defendants'Motion to Dismiss is DENIED WITHOUT PREJUDICE. (Butler, Carol)
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Filing
205
MEMORANDUM OPINION AND ORDER signed by JUDGE JAMES A. BEATY, JR on 10/21/2014, that Plaintiff's Motion to Consolidate is hereby GRANTED IN PART and DENIED IN PART. (Butler, Carol)
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Filing
190
MEMORANDUM OPINION AND ORDER signed by JUDGE JAMES A. BEATY, JR on 7/29/2014. ORDERED that Plaintiff's Motion for Contempt [Doc. # 79 ] is DENIED, Defendants' Motion for Protective Order [Doc. # 128 ] is DENIED, and Defendants'Motion to Strike [Doc. # 101 ] is DENIED AS MOOT. The Preliminary Injunction [Doc. # 88 ] remains in effect. (Butler, Carol)
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Filing
88
MEMORANDUM OPINION AND ORDER signed by JUDGE JAMES A. BEATY, JR on 4/11/2014, as set out herein. Plaintiff's Motion for Preliminary Injunction [Doc. # 13 ] is GRANTED IN PART, pursuant to Rule 65(a) of the Federal Rules of Civil Procedure. FU RTHER, that, pursuant to Rule 65(c) of the Federal Rules of Civil 39 Procedure, Plaintiff's bond requirement of $100,000.00 remains in effect. The Court finds that such a bond is appropriate and adequate to protect Defendant's, should it later be found that Defendants were wrongly enjoined or restrained. Finally, that Defendants' Motions to Strike [Docs. # 44 , # 65 ] are DENIED and that Defendants' Motion to Compel [Doc. # 68 ] is DENIED AS MOOT. (Butler, Carol)
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