HOLLY HILL MALL, LLC v. SEARS, ROEBUCK, AND CO.

Justia Dockets & Filings Fourth Circuit North Carolina Middle District HOLLY HILL MALL, LLC v. SEARS, ROEBUCK, AND CO.

HOLLY HILL MALL, LLC v. SEARS, ROEBUCK, AND CO.

Plaintiff:	HOLLY HILL MALL, LLC
Defendant:	SEARS, ROEBUCK, AND CO.
Case Number:	1:2016cv01131
Filed:	September 12, 2016
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Alamance
Presiding Judge:	L. PATRICK AULD
Presiding Judge:	N. C. TILLEY
Nature of Suit:	Rent, Lease, and Ejectment
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 14, 2017	Filing 17 MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 2/14/2017; that Defendant Sears, Roebuck and Co.'s Motion to Dismiss be GRANTED IN PART AND DENIED IN PART. It is granted as to the breach of contract allegations involving the imp lied duty to operate in a commercially reasonable manner and the express duty to direct an intensive and continuous merchandising and promotional program. It is denied as to the breach of contract and summary ejectment claims alleging the failure to provide net sales reports. (Sheets, Jamie)

Date Filed

Document Text

February 14, 2017

Filing 17 MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 2/14/2017; that Defendant Sears, Roebuck and Co.'s Motion to Dismiss be GRANTED IN PART AND DENIED IN PART. It is granted as to the breach of contract allegations involving the imp lied duty to operate in a commercially reasonable manner and the express duty to direct an intensive and continuous merchandising and promotional program. It is denied as to the breach of contract and summary ejectment claims alleging the failure to provide net sales reports. (Sheets, Jamie)

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Plaintiff: HOLLY HILL MALL, LLC
Represented By:	JOHN THOMAS FLOYD
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Defendant: SEARS, ROEBUCK, AND CO.
Represented By:	DAVID GLEN GUIDRY
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