Replies to post #93251 on UnifiedOnline Inc fka UOIP

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re: "Att: 1 Exhibit Bohn v. Black 2019 WL 2341351"

https://www.nccourts.gov/assets/documents/opinions/2019_NCBC_34.pdf?MreFu9TSocgQpLOlivdsHJMJKSczHdji

23. “A partnership is an association of two or more persons to carry on as
co-owners a business for profit.” N.C. Gen. Stat. § 59-36(a). In other words, a
partnership arises when individuals “combine their property, effects, labor, or skill in
a common business or venture.” Johnson v. Gill, 235 N.C. 40, 44, 68 S.E.2d 788, 792
(1952) (citation and quotation marks omitted). No formal agreement is required—a
de facto partnership may exist if the parties’ conduct demonstrates “a voluntary
association of partners.” Best Cartage, Inc. v. Stonewall Packaging, LLC, 219 N.C.
App. 429, 438, 727 S.E.2d 291, 299 (2012). Our courts have emphasized, though, that
“co-ownership and sharing of any actual profits are indispensable requisites for a
partnership.” Id. (quoting Wilder v. Hobson, 101 N.C. App. 199, 202, 398 S.E.2d 625,
627 (1990)).

26. After careful consideration, the Court concludes that the undisputed
evidence requires summary judgment in favor of Defendants. Simply put, “the
indispensable requisite of co-ownership of the business is lacking.” McGurk v. Moore,
234 N.C. 248, 252, 67 S.E.2d 53, 56 (1951).

There is also no evidence that any party, including Laurie, has ever filed a state or
federal income tax return identifying the campground as a partnership, either before
or after the business was incorporated.

B. Breach of Fiduciary Duty
32. As alleged, Judith held nearly despotic control over her family and the
campground business. The Bohns claim that Judith owed them a fiduciary duty as a
result and that she breached that duty by, among other things, blocking access to
their home and mismanaging the money they contributed to the family’s general
fund. (See Am. Compl. pp.6–7 (Claim I).) Again, both sides seek summary judgment
in their favor as to this claim.
4
33. “For a breach of fiduciary duty to exist, there must first be a fiduciary
relationship between the parties.” Dalton v. Camp, 353 N.C. 647, 651, 548 S.E.2d
704, 707 (2001). A fiduciary relationship arises when “there has been a special
confidence reposed in one who in equity and good conscience is bound to act in good
faith and with due regard to the interests of one reposing confidence.” Dallaire v. Bank of Am., N.A., 367 N.C. 363, 367, 760 S.E.2d 263, 266 (2014) (quoting Green v.Freeman, 367 N.C. 136, 141, 749 S.E.2d 262, 268 (2013)). This definition is expansive
yet exacting: “only when one party figuratively holds all the cards—all the financial
power or technical information, for example—have North Carolina courts found that
the special circumstance of a fiduciary relationship has arisen.” Kaplan v. O.K.
Techs., L.L.C., 196 N.C. App. 469, 475, 675 S.E.2d 133, 138 (2009) (citing Broussard
v. Meineke Discount Muffler Shops, Inc., 155 F.3d 331, 348 (4th Cir. 1998)).
34. To the extent this claim is based on the fiduciary duties that partners owe
to one another, it must fail. See, e.g., Casey v. Grantham, 239 N.C. 121, 124, 79 S.E.2d
735, 738 (1954) (“It is elementary that the relationship of partners is fiduciary . . . .”).
As discussed, the undisputed evidence is insufficient to establish a legal partnership
between Judith and Laurie.

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Leane v. Carter

Friday, January 14, 2022
22 motion Extension of Time to File Response/Reply Fri 01/14 10:38 AM
MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion,
by WILLIAM RALPH CARTER, JR.(SIGMON, JOSEPH)
Att: 1 Text of Proposed Order proposed Order Allowing Consent Motion for Extension of Time

North Carolina Middle District Court
Referred: Joi Elizabeth Peake
Case #: 1:21-cv-00514
Nature of Suit 190 Contract - Other Contract
Cause 28:1332 Diversity-Breach of Contract
Case Filed: Jun 22, 2021
Docket Parties (2)
Docket last updated: 46 minutes ago

Tuesday, January 04, 2022
21 respm Response in Opposition to Motion Tue 01/04 5:45 PM
RESPONSE in Opposition re17 Brief filed by DEIRDRE LEANE. Replies due by 1/18/2022 (COHEN, AKIVA)
Att: 1 Exhibit Bohn v. Black 2019 WL 2341351 Unpublished Decision Submitted in Accordance with LR 7.2(c)

Thursday, December 30, 2021
utility Case Reassigned Thu 12/30 1:56 PM
Case Reassigned to JUDGE WILLIAM L. OSTEEN, JR. UNASSIGNED no longer assigned to the case. (Marsh, Keah)

Wednesday, November 17, 2021
20 order Order on Motion for Extension of Time to File Response/Reply Wed 11/17 9:10 AM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/17/2021. The Motion for Extension (Doc. #19 ) is GRANTED, and Plaintiff Deirdre Leane shall have up to and including Friday, January 14, 2022 within which to serve a response or otherwise plead to Defendant's Motion to Dismiss. (Daniel, J)

Tuesday, November 16, 2021
utility Motions Referred Tue 11/16 8:00 AM
Motions Referred: RE:19 Consent MOTION for Extension of Time to File Response/Reply as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)

Sunday, November 14, 2021
19 motion Extension of Time to File Response/Reply Sun 11/14 11:11 PM
Consent MOTION for Extension of Time to File Response/Reply as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DEIRDRE LEANE. (DOUCETTE, THOMAS)

Friday, November 12, 2021
18 misc Notice to Parties RE: SO30 Fri 11/12 3:54 PM
Notice to Parties RE: SO30. Responses due by 12/13/2021 (Winchester, Robin)

Wednesday, November 03, 2021
17 respm Brief Wed 11/03 1:37 PM
Defendant's BRIEF re16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (SIGMON, JOSEPH)

16 motion Dismiss for Failure to State a Claim Wed 11/03 1:16 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by WILLIAM RALPH CARTER, JR. Response to Motion due by 11/24/2021 (SIGMON, JOSEPH)

Tuesday, October 26, 2021
15 2 pgs misc Withdrawal of Motion Tue 10/26 3:46 PM
WITHDRAWAL of Motion by Defendant WILLIAM RALPH CARTER, JR re10 MOTION to Dismiss filed by WILLIAM RALPH CARTER, JR. (SIGMON, JOSEPH)

Wednesday, October 20, 2021
14 cmp Amended Complaint Wed 10/20 10:34 PM
First AMENDED COMPLAINT against defendant WILLIAM RALPH CARTER, JR, filed by DEIRDRE LEANE.(DOUCETTE, THOMAS)
Att: 1 Exhibit A - Carter Account Ledger,
Att: 2 Affidavit Verification of Deirdre Leane,
Att: 3 Affidavit Certificate of Service

Tuesday, October 12, 2021
13 notice Notice of Attorney Appearance Tue 10/12 10:04 AM
NOTICE of Attorney Appearance by attorney BENJAMEN EDWARD KLEIN on behalf of Defendant WILLIAM RALPH CARTER, JR (KLEIN, BENJAMEN)

Monday, October 11, 2021
12 notice Notice of Special Appearance Mon 10/11 3:26 PM
NOTICE of Special Appearance by attorney AKIVA MEIR COHEN on behalf of Plaintiff DEIRDRE LEANE ( Filing fee $ 25 receipt number 0418-3150448.) (COHEN, AKIVA)

Friday, October 01, 2021
11 respm Brief Fri 10/01 1:53 PM
Defendant's BRIEF re10 MOTION to Dismiss . (SIGMON, JOSEPH)

10 motion Dismiss Fri 10/01 1:45 PM
MOTION to Dismiss by WILLIAM RALPH CARTER, JR. Response to Motion due by 10/22/2021 (SIGMON, JOSEPH)

Tuesday, September 07, 2021
9 1 pgs order Order on Motion for Extension of Time to Answer Tue 09/07 12:02 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 9/7/2021. The Motion for Extension of Time (Doc. #8 ) is GRANTED, and the time for Defendant William Ralph Carter, Jr. to serve his responsive pleading to Plaintiff's Verified Complaint is extended until and including October 1, 2021. (Daniel, J)
Wednesday, September 01, 2021
utility Motions Referred Wed 09/01 8:29 AM
Motions Referred: RE:8 MOTION for Extension of Time to File Answer (or other responsive pleading) , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)

Tuesday, August 31, 2021
8 motion Extension of Time to File Answer Tue 08/31 2:18 PM
MOTION for Extension of Time to File Answer (or other responsive pleading) by WILLIAM RALPH CARTER, JR.(SIGMON, JOSEPH)
Att: 1 Exhibit [proposed] Order

Monday, August 30, 2021
7 notice Notice of Attorney Appearance Mon 08/30 10:16 AM
NOTICE of Attorney Appearance by attorney JOSEPH G. SIGMON on behalf of Defendant WILLIAM RALPH CARTER, JR (SIGMON, JOSEPH)

Friday, August 13, 2021
6 service Summons Returned Executed Fri 08/13 10:50 PM
SUMMONS Returned Executed by DEIRDRE LEANE as to WILLIAM RALPH CARTER, JR served on 8/11/2021, answer due 9/1/2021. (DOUCETTE, THOMAS)

Wednesday, June 23, 2021
5 notice Notice of Right to Consent Wed 06/23 9:25 AM
Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Sheets, Jamie)
Att: 1 Consent Form

4 service Summons Issued Wed 06/23 9:24 AM
Summons Issued as to WILLIAM RALPH CARTER, JR. (Sheets, Jamie)
utility Case Referred to Mediation Wed 06/23 9:25 AM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie)
utility Case Assigned Wed 06/23 4:56 PM
Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie)
utility Case Referred to Standing Order 30 Wed 06/23 4:56 PM
CASE REFERRED to Standing Order 30. (Sheets, Jamie)

Tuesday, June 22, 2021
3 misc Corporate Disclosure Statement Tue 06/22 7:30 PM
Corporate Disclosure Statement by Deirdre Leane. (DOUCETTE, THOMAS)

2 notice Notice of Attorney Appearance Tue 06/22 7:27 PM
NOTICE of Attorney Appearance by attorney THOMAS GREGORY DOUCETTE on behalf of Plaintiff Deirdre Leane (DOUCETTE, THOMAS)

1 6 pgs cmp Complaint Tue 06/22 7:23 PM
COMPLAINT against William Ralph Carter, Jr ( Filing fee $ 402 receipt number 0418-3073588.), filed by Deirdre Leane.(DOUCETTE, THOMAS)
Att: 1 2 pgs Exhibit A - Account Ledger,
Att: 2 1 pgs Affidavit Verification of Deirdre Leane,
Att: 3 2 pgs Civil Cover Sheet

Last checked: Friday Aug 06, 2021 4:51 AM EDT
Defendant
WILLIAM RALPH CARTER, JR.
4309 Hoke Lane
Greensboro, NC 27407

Plaintiff
DR. DEIRDRE LEANE
Kamerman, Uncyk, Soniker & Klein, PC 1700 Broadway 16th Floor
New York, NY 10019

Represented By
THOMAS GREGORY DOUCETTE
The Law Office Of T. Greg Doucette, PLLC
contact info