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05-819 - TOTAL RENAL CARE OF NORTH CAROLINA, L.L.C. v. THE FRESH MARKET, INC. et al


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05-819 - TOTAL RENAL CARE OF NORTH CAROLINA, L.L.C. v. THE FRESH MARKET, INC. et al
October 17, 2006
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MEMORANDUM OPINION signed by Judge JAMES A. BEATY JR. on 10/17/06. Re: Joint Motion to Dismiss by the Unifi Defendants [Document #15], a Motion to Dismiss by Penn Western [Document #25], and a Motion for Summary Judgment by the Fresh Market Defendants [Document #28]. Additionally, Plaintiff has filed a Motion to Strike [Document #20] and a Motion to Continue [Document #39] seeking at least limited discovery before the Court rules on any Motion for Summary Judgment. An Order consistent with this Memorandum Opinion will be filed herewith. (Welch, Kelly)
October 17, 2006
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ORDER signed by Judge JAMES A. BEATY JR. on 10/17/06, for the reasons discussed in the Memorandum Opinion filed contemporaneously herewith, the Motion to Dismiss filed by Defendants Unifi, Inc. and The Unifi, Inc. Group Health Care Plan [Document #15], the Motion for Summary Judgment filed by The Fresh Market, Inc. and The Fresh Market, Inc. Group Health Care Plan [Document #28], and the Motion to Dismiss filed by Defendant Penn Western Benefits, Inc. [Document #25] are DENIED without prejudice to the parties raising the same issues as part of a Motion for Summary Judgment after a limited period for discovery related solely to the issues raised in the Motions. Discovery shall be limited to 10 interrogatories, 3 depositions, and requests for production of relevant documents by Plaintiff and by Defendants, and must be completed within sixty (60) days from the date of this Memorandum Opinion and Order. Defendants' Supplemental Motions must be filed within twenty (20) days after the conclusion of the limited discovery period. FURTHER that, given this ruling, Plaintiff's Motion to Strike [Document #20] and Plaintiffs Motion to Continue [Document #39] will be DENIED AS MOOT. (Welch, Kelly)
March 6, 2008
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MEMORANDUM OPINION signed by CHIEF JUDGE JAMES A. BEATY, JR on 3/6/2008 with reference to Pleading numbers 54, 56 and 58. (Lee, Lisa)