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Norman v. Tradewinds Airlines, Inc.

United States District Court, M.D. North Carolina
Aug 21, 2003
286 F. Supp. 2d 575 (M.D.N.C. 2003)

Summary

holding that the cited terms of an employee handbook lacked the "definiteness in duration" required "to assert a claim for promissory estoppel" because the handbook also provided any of its provisions "may be revised from time to time as dictated by the operational needs of the company"

Summary of this case from Geomatrix, LLC v. NSF Int'l

Opinion

#1:02CV918

August 21, 2003


O-R-D-E-R


On March 24, 2003 and June 13, 2003, in accordance with 28 U.S.C. § 636(b), Recommendations of the United States Magistrate Judge were filed and notices were served on Plaintiff and a copies were given to the court.

Within the time limitation set forth in the statute, Plaintiff objected to the Recommendations.

The court notes that, in connection with Plaintiffs objections to the June 13, 2003, Recommendation, Plaintiff has filed a document styled Motion For Leave To Amend Complaint (docket 29). Unfortunately, Plaintiff has failed to include a proposed amended complaint for the court's review or for Defendant's review with this filing, and the motion is DENIED.

The court has appropriately reviewed the portions of the Magistrate Judge's reports to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's reports. The court hereby adopts the Magistrate Judge's Recommendations.

IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss [Pleading no. #10] be GRANTED in that Plaintiff failed to state a claim for breach of contract, promissory estoppel or fraudulent inducement. A judgment dismissing this action will be entered contemporaneously with this Order.

J-U-D-G-M-E-N-T

For the reasons set forth in the Order filed contemporaneously with this Judgment,

IT IS THEREFORE ORDERED AND ADJUDGED that this action be, and the same hereby is, dismissed with prejudice.


Summaries of

Norman v. Tradewinds Airlines, Inc.

United States District Court, M.D. North Carolina
Aug 21, 2003
286 F. Supp. 2d 575 (M.D.N.C. 2003)

holding that the cited terms of an employee handbook lacked the "definiteness in duration" required "to assert a claim for promissory estoppel" because the handbook also provided any of its provisions "may be revised from time to time as dictated by the operational needs of the company"

Summary of this case from Geomatrix, LLC v. NSF Int'l

finding that documents unattached to the plaintiff's complaint could be considered at the 12(b) stage because the plaintiff attached the documents to his response and made "additional substantial factual allegations" that were not included in his complaint

Summary of this case from Sirona Dental, Inc. v. Smithson

In Norman, the plaintiff former employee alleged that the defendant former employer never intended to comply with the employee handbook, but the court found that the plaintiff "failed to allege with requisite particularity that TradeWinds never intended to follow, or knew that it would not follow, the outlined policies in the Handbook."

Summary of this case from Creative Snacks, Co. v. Hello Delicious Brands LLC

dismissing promissory fraud claim, noting that "the promissor must do something more than just disregard or break its promises"

Summary of this case from Irwin v. Fed. Express Corp.

dismissing plaintiff's claim for fraud where plaintiff failed to plead facts that would support claim that defendant acted with specific intent to defraud

Summary of this case from Carolina Power Light Company v. Aspect Software

dismissing plaintiff's claim for fraud where plaintiff failed to plead facts that would support claim that defendant acted with specific intent to defraud

Summary of this case from Aerospace Manufacturing, Inc. v. Clive Merchant Group, LLC
Case details for

Norman v. Tradewinds Airlines, Inc.

Case Details

Full title:JOSEPH S. NORMAN, II, Plaintiff, v. TRADEWINDS AIRLINES, INC., Defendant

Court:United States District Court, M.D. North Carolina

Date published: Aug 21, 2003

Citations

286 F. Supp. 2d 575 (M.D.N.C. 2003)

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