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- ncmd;;1:17-cv-00924_de100 RegisterActionDate "2020-01-16" @default.
- ncmd;;1:17-cv-00924_de100 RegisterActionDescriptionText "TEXT ORDER denying 76 "Plaintiff's Request that Defendants 6A3E4DD, Locklear-Jones and Johnston be Served Summons and Complaint at [Their] Current Place of Employment Stated by Defendant Supt. Katy Poole in September 12, 2019 Interrogatory Response." After two attempts, the summonses were returned unexecuted for Defendants 6A3E4DD, Locklear-Jones, and Johnston. (See Docket Entries 18, 45, 46, 51.) Plaintiff was sent a Notice regarding the failure to make service upon said Defendants. (Docket Entry 59.) The case was dismissed against said Defendants on March 22, 2019. (See Docket Entry 60.) Nearly seven months later, Plaintiff filed the instant motion alleging that Defendants have been "dodging service at their place of employment." (Docket Entry 76 at 2.) As the case has been dismissed against said Defendants, Plaintiff's motion is essentially a request for reconsideration of the Court's order dismissing without prejudice Defendants 6A3E4DD, Locklear-Jones, and Johnston. Plaintiff has not shown that reconsideration of the Courts order is warranted under Rule 54(b) of the Federal Rules of Civil Procedure. Emiabata v. BB&T (Branch Banking & Tr. Co.), No. 1:17-CV-529, 2018 WL 6575471, at *2 (M.D.N.C. Dec. 13, 2018) (citation omitted) ("[C]ourts only revise interlocutory orders for one of the following three reasons: (1) new, different evidence discovered 'during litigation,' (2) a change in the relevant law, and/or (3) clear error that would otherwise cause 'manifest injustice.'"). The motion is therefore denied. Issued by MAG/JUDGE JOE L. WEBSTER on 1/16/2020.(Lee, Pedra) (Entered: 01/16/2020)" @default.
- ncmd;;1:17-cv-00924_de100 AdministrativeID "None" @default.
- ncmd;;1:17-cv-00924_de100 hasJudgeReference SJ004075 @default.
- ncmd;;1:17-cv-00924_de100 hasReferenceToOtherEntry ncmd;;1:17-cv-00924_de95 @default.