Batzel v. Smith

AMENDED ORDER GRANTING DEFENDANT TON CREMERS’ MOTION FOR SUMMARY JUDGMENT.

WILSON, District Judge.

I. INTRODUCTION

Defendant Ton Cremers has filed a Motion for Summary Judgment, alleging that Plaintiffs action in this Court is barred by the doctrine of res judicata as a result of the Western District of North Carolina’s dismissal of Plaintiffs earlier-filed identical action for failure to prosecute. In addition, pursuant to this Court’s order, Defendant Cremers has filed an Amended Special Motion to Strike, which responds to the Ninth Circuit’s order vacating and remanding Defendant Cremers’…