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06-209 - BAUCOM v. CABARRUS EYE CENTER, P.A.


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06-209 - BAUCOM v. CABARRUS EYE CENTER, P.A.
September 1, 2006
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MEMORANDUM OPINION and ORDER signed by Judge WILLIAM L. OSTEEN on 9/1/06. Re: Defendant's motion to strike and dismiss Plaintiff's complaint. For the reasons stated, Defendant's Motion to Dismiss and to Strike 4 the complaint is DENIED as moot. Defendant has 20 days from the filing of this memorandum opinion and order in which to file an answer to the amended complaint unless it files a motion to dismiss, which would alter due dates as described in Rule 12.(Welch, Kelly)
April 4, 2007
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MEMORANDUM OPINION and ORDER signed by Judge WILLIAM L. OSTEEN on 4/4/07, for the reasons set forth, Defendant's motion to dismiss and strike Plaintiff's FMLA claims, including the "willful, intentional and in reckless disregard" language in paragraphs 30 and 48 of Plaintiff's Amended Complaint, is DENIED. FURTHER that Defendant's motion to strike the language "great emotional distress, mental pain, suffering, stress, grief, worry and mental anguish" from paragraphs 23, 27, 31, and 47 of Plaintiff's Amended Complaint is GRANTED. FURTHER that Defendant's motion to dismiss Plaintiff's claims for negligent infliction of emotional distress and wrongful discharge is GRANTED. FURTHER that Defendant's motion to strike Plaintiff's request for punitive damages in paragraph H of the prayer for relief in Plaintiff's Amended Complaint is GRANTED. FURTHER that Defendant's motion to strike Plaintiff's request for non-economic compensatory damages in paragraph E of the prayer for relief in Plaintiff's Amended Complaint is GRANTED. (Welch, Kelly)
July 30, 2007
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SUPPLEMENTAL PROTECTIVE ORDER signed by Judge RUSSELL A. ELIASON on 7/30/07, as set out; (Welch, Kelly)
December 10, 2008
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MEMORANDUM OPINION and ORDER signed by JUDGE WILLIAM L. OSTEEN JR. on 12/10/2008 that Defendant's 49 Motion for Summary Judgment is DENIED. (Lee, Lisa)