Legal Opinion
Cashwell v. Town of Oak Island
District Court, E.D. North Carolina
Decided May 31, 2019No. 7:18-CV-109-FLPublishedCited by 2 opinions
1Opinion of the Court
LOUISE W. FLANAGAN, United States District Judge
This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (DE 22). Also before the court is defendants' motion to strike a portion of plaintiffs' response in opposition to the motion to dismiss (DE 36). The issues raised have been fully briefed, and in this posture are ripe for ruling. For the reasons that follow, defendants' motion to dismiss is granted for reasons of comity, and defendants' motion to…
2Cases cited23 opinions
- Papasan v. AllainSupreme Court of the United States · 1986
- Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
- Bob Jones University v. SimonSupreme Court of the United States · 1974
- Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
- Levin v. Commerce Energy, Inc.Supreme Court of the United States · 2010
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3Cited by2 opinions
- Stripling v. Avis Budget Car Rental, LLCDistrict Court, E.D. North Carolina · 2020
- Whitfield v. DLP Wilson Medical Center, LLCDistrict Court, E.D. North Carolina · 2020