District Court, E.D. North Carolina April 17, 2001, 00CV173(H)(4) (Antrican v. Buell)

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on defendants’ motion to dismiss for lack of subject matter jurisdiction and failure to state a claim pursuant to Rules 12(b)(1) and 12(b)(6), respectively, of the Federal Rules of Civil Procedure. Plaintiffs submitted a motion to strike defendants’ responsive memorandum under Local Rule 4.