Sisson v. Campbell University, Inc.

ORDER

HOWARD, District Judge.

On February 16, 1988, defendant moved to dismiss plaintiff’s complaint on the grounds of insufficient service of process, lack of personal jurisdiction, and lack of subject matter jurisdiction. On April 18, 1988 the court conducted a hearing to consider defendant’s motions. Defendant chose only to pursue its motion to dismiss for lack of subject matter jurisdiction at the hearing, contending in a new and unbriefed argument that plaintiff’s action is an in rem or quasi in rem proceeding and that the North Carolina state court has already acquired jurisdiction over…