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BOBBITT BY BOBBITT v. RAGE INC.

No. 5:98CV19.

19 F.Supp.2d 512 (1998)

Jasmyne and Patrick BOBBITT, Jr., by their next friends Alisa and Patrick BOBBITT, Sr., and Alisa and Patrick Bobbitt, Sr., Jason Brown, by his next friend, Ledell Brown, Jareem Chavis, by his next friend, Eva Chavis, Keyonda and Timesha Mangum, by their next friend, Aretha Mangum, Lakeisha McLean, by her next friend, Alesia McLean, Diane McDougal, Jessica Utley, by her next friend, Dorise Utley, and Clay Hallman, Derrick Miller, and Christopher Williams, Plaintiffs, v. RAGE INC., Mid-Atlantic Pizza Huts, Inc., and Pizza Hut of Hickory No. 2, Inc., Defendants.

United States District Court, W.D. North Carolina, Statesville Division.

July 27, 1998.

Attorney(s) appearing for the Case

James E. Ferguson, III, Ferguson, Stein, Wallas, Gresham & Sumter, P.A., Charlotte, NC, Lynn Fontana, Fontana & Lanier, P.A., Durham, NC, Robinson & Lawing, L.L.P., Winston-Salem, NC, for Plaintiffs.

Robinson & Lawing, L.L.P., Winston-Salem, J. Gray Robinson, Norwood Robinson, Winston-Salem, for Defendants.

ORDER

McKNIGHT, United States Magistrate Judge.

This matter is before the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b) for entry of an Order on Defendant's Motion to Dismiss.

I. Factual and Procedural Background

There are two groups of Plaintiffs in this action.1 The "Hickory Plaintiffs" consist of Clay Hallman, Derrick Miller, and Christopher Williams. (Complaint ¶¶...

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