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14-1054 - MANN V. WINSTON-SALEM STATE UNIVERSITY ET AL


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14-1054 - MANN V. WINSTON-SALEM STATE UNIVERSITY ET AL
September 14, 2015
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MEMORANDUM OPINION AND ORDER. Signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR. on 9/14/2015. Defendant Winston-Salem State University's Motion to Dismiss (Doc. 12) and Defendant Janice Smith's Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) (Doc. 19) are GRANTED IN PART and DENIED IN PART as follows: (1) Plaintiff's first and second claims asserting Title VII claims against Defendant Smith are DISMISSED; (2) Plaintiff's third and fourth causes of action under § 1981 and § 1983 against Defendant WSSU are DISMISSED WITH PREJUDICE. All other requested forms of relief in Defendants' motions are DENIED WITHOUT PREJUDICE. Further ORDERED, that Plaintiff's claims for (1) Hostile Work Environment and Wrongful Discharge in Violation of North Carolina Public Policy; (2) Negligent Retention and Supervision; and (3) Intentional Infliction of Emotional Distress are DISMISSED WITHOUT PREJUDICE at Plaintiff's request pursuant to Fed. R. Civ. P. 41(a)(2). Further ORDERED that Plaintiff's Motion for Leave to Amend Complaint (Doc. 16) is GRANTED IN PART. Plaintiff is granted leave to amend her complaint but must comply with the terms of this Memorandum Opinion and Order. Plaintiff shall file her amended complaint within ten (10) days of the issuance of this Memorandum Opinion and Order. To avoid any confusion, the court directs that rather than filing the proposed amended complaint, Plaintiff file a new amended complaint that conforms to the terms of this Order. (Daniel, J)
July 21, 2017
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MEMORANDUM OPINION AND ORDER. Signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR. on 7/21/2017, that Winston-Salem State University's Motion and Substitute Motion for Summary Judgment (Docs. 59, 91) are GRANTED and this case is DISMISSED. A judgment in accordance with this Memorandum Opinion and Order will be entered contemporaneously herewith.(Daniel, J)