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OSI RESTAURANT PARTNERS v. OSCODA PLASTICS

No. COA18-841.

831 S.E.2d 386 (2019)

OSI RESTAURANT PARTNERS, LLC f/k/a OSI Restaurant Partners, Inc. and Outback Steakhouse, Inc.; Bonefish Grill, LLC f/k/a Bonefish Grill, Inc.; Carrabba's Italian Grill, LLC f/k/a Carrabba's Italian Grill, Inc.; Cheeseburger in Paradise, LLC; OS Southern, LLC f/k/a OS Southern, Inc.; OSI/Fleming's, LLC f/k/a Outback/Fleming's, LLC; and Outback Steakhouse of Florida, LLC f/k/a Outback Steakhouse of Florida, Inc., Plaintiffs, v. OSCODA PLASTICS, INC. and Allied Companies, LLC f/k/a The Allied Companies International, LLC and its successors in interest and/or related entities Allied Industries International, Inc.; Allied Flooring Products, Inc.; Eco-Grip Central, LLC; Eco-Grip East, LLC; Eco-Grip Flooring, LLC; Eco-Grip Flooring Gulf Coast, LLC; and Eco-Grip Great Lakes, LLC, Defendants.

Court of Appeals of North Carolina.

Filed: July 16, 2019.

Attorney(s) appearing for the Case

Young Moore and Henderson, P.A., Raleigh, by Christopher A. Page , and Jonathan L. Crook , for plaintiffs-appellees.

Parker Poe Adams & Bernstein LLP, Raleigh, by Kevin L. Chignell , and Collier R. Marsh , for defendant-appellant Oscoda Plastics, Inc.

Defendant Oscoda Plastics, Inc.1 appeals from the portion of the trial court's order imposing discovery sanctions in the form of striking its answer to Plaintiffs' claims for negligence, breach of implied warranty, and breach of express warranty. Because Defendant was not given notice that sanctions might...

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