Legal Opinion

Old South Apparel, LLC v. JEB Designs, Inc.

District Court, E.D. North Carolina

Decided September 26, 2017No. 5:17-CV-280-BOPublishedCited by 2 opinions

1Opinion of the Court

ORDER

TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE

This matter is before the Court on defendants’ motions to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [DE 15, 17] and plaintiffs’ motion for a preliminary injunction [DE 1-7]. The matter has been fully briefed and is ripe for ruling. For the reasons discussed below, the motions to dismiss are granted. As such, plaintiffs’ motion for a preliminary injunction is dismissed as moot.

BACKGROUND

Plaintiffs James T. Hair and Old South Apparel, his clothing company, based in Fayetteville, North Carolina, contracted with…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. Philips v. Pitt County Memorial HospitalCourt of Appeals for the Fourth Circuit · 2009
  5. Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009

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3Cited by2 opinions

  1. Alamance Family Practice, P.A. v. LindleyNorth Carolina Business Court · 2018
  2. Corolla Pool and Spa Inc. v. Corolla Brad LLCDistrict Court, E.D. North Carolina · 2025

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