LOSTUTTER v. OLSEN et al
| DERIC JAMES LOSTUTTER |
| THOMAS OLSEN, ALEXANDRIA GODDARD and MICHELLE MCKEE |
| 1:2016cv01098 |
| September 2, 2016 |
| U.S. District Court for the Middle District of North Carolina |
| NCMD Office |
| Forsyth |
| JOI ELIZABETH PEAKE |
| THOMAS D. SCHROEDER |
| Assault, Libel, and Slander |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
57
MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 8/24/2017. For the reasons stated herein, Defendants' motion to dismiss for lack of subject matter jurisdiction (Doc. 13) is DENIED; Defendant Olsen's motion to dismiss bas ed on insufficient service of process (Doc. 13) is GRANTED, and the action against him is DISMISSED WITHOUT PREJUDICE; Defendant Goddard's motion to dismiss (Doc. 13) based on insufficient service of process and lack of personal jurisdiction is DENIED, the motion to dismiss (Doc. 13) for failure to state a claim on which relief can be granted is GRANTED as to Counts I through IV and DENIED as to Counts V and VI; Plaintiff's motion for extension of time (Doc. 32) is GRANTED; Plaintiff& #039;s motion to strike (Doc. 29) is DENIED AS MOOT; Defendant McKee's motion for sanctions in the form of attorney's fees (Doc. 48) is DENIED; Defendant's counsel's motion to withdraw as counsel (Doc. 50) is MOOT as to Defendants McKee and Olsen and DENIED WITHOUT PREJUDICE as to Defendant Goddard; Defendants' motion for a "gatekeeper" order (Doc. 13) is DENIED WITHOUT PREJUDICE; Defendants' motion to strike (Doc. 26) is DENIED; Plaintiff's motion for contempt or arrest (Doc. 35) is DENIED; and Plaintiff's motion for a temporary restraining order and preliminary injunction (Doc. 16) is DENIED. (Engle, Anita)
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