IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:19-CV-15-D

PHYLISS HALL, ) Plaintiff, 3 v. ORDER LOWES FOODS, LLC, Defendant. On May 20, 2019, Lowes Foods, LLC (“Lowes Foods” or “defendant”) moved to dismiss counts one, two, four, and five for failure to state a claim upon which relief can be granted [D.E. 7] and filed a memorandum in support [D.E. 8]. On June 6, 2019, Phyliss Hall (“Hall” or “plaintiff’) responded in opposition [D.E. 12]. On June 12, 2019, Lowes Foods replied and requested that the court dismiss counts two and four [D.E. 13]. The court GRANTS defendant’s motion to dismiss counts two and four [D.E. 7]. See Clark Cty. Sch. Dist. v. Breeden,

(2001) (per curiam); Perry v. Kappos,

(4th Cir. 2012) (unpublished); Dowe v. Total Action Against Poverty in Roanoke Valley,

(4th Cir. 1998); Willingham v. Mabus, No. 5:16-CV-187-D,

, at *6 (E.D.N.C. May 22, 2018), aff'd , No. 18-1920,

(4th Cir. May 15, 2019) (per curiam) (unpublished); Everett v. Redmon, No. 7:16-CV-323-D,

, at *7 E.D.N.C. May 26, 2017) (unpublished); Huckelba v. Deering, No. 5:16-CV-247-D,

, at *3 (E.D.N.C. Oct. 17. 2016) (unpublished). The clerk shall continue management of the case. SO ORDERED. This _2._ day of July 2019. . Ney A . J S C. DEVER I. United States District Judge