JAMES v. UNIVERSITY OF NORTH CAORLINA HEALTH CARE HOSPITAL, No. 1:2018cv00339 - Document 14 (M.D.N.C. 2018)

Court Description: MEMORANDUM OPINION AND RECOMMENDATION , OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 09/20/2018, that Defendant's Motion to Dismiss 6 be GRANTED IN PART AND DENIED IN PART as follows: (1) Defendan t's Rule 12(b)(1) Motion to Dismiss be DENIED; (2) Defendant's Rule 12(b)(2) Motion to Dismiss be GRANTED as to the improperly named defendant "University of North Carolina Health Care Hospital" and that "University of North Carolina Health Care System" be SUBSTITUTED nunc pro tunc as the real party interest; and (3) Defendant's 12(b)(6) Motion to Dismiss be GRANTED and this action be DISMISSED against Defendant University of North Carolina Health Care System. (Coyne, Michelle)