All Seasons Restoration, Inc. v. Forde

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:19–CV–00247–BR ALL SEASONS RESTORATION, INC. ) d/b/a SERVPRO OF MIDTOWN ) MANHATTAN, ) ) Plaintiff, ) v. ) ORDER ) FRANK FORDE, JR. and EVOLVE ) SNEADS FERRY, LLC, ) ) Defendants. ) This matter is before the court on defendants’ motion to dismiss, (DE # 23), to which plaintiff filed a response in opposition, (DE # 25), and defendants filed a reply, (DE # 26). This motion is ripe for disposition. I. BACKGROUND In September 2018, Hurricane Florence damaged defendants’ apartment buildings in…