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Miller Act | North Carolina Eastern
Order on Motion to Strike
ORDER granting 39 MOTION to Strike 26 Answer to Complaint, Crossclaim, (Motion to Strike Jury Demand). The jury demand is STRICKEN from theCrossclaim DE 26 . Signed by Chief Judge Richard E. Myers, II on 9/15/2026. (Collins, S)
Labor: Fair Standards | Virginia Eastern
Order on Motion for Settlement Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
It is hereby ORDERED that the Motion (Dkt. No.30) is GRANTED. It is further ORDERED that the Settlement Agreement is APPROVED. It is further ORDERED that Plaintiff Brandon Arispe and Defendant The Whiting-Tuner Contracting Company shall comply with the terms of the Settlement Agreement, the terms of which are incorporated by reference as if fully set forth herein. It is further ORDERED that the Court shall retain jurisdiction over this action for the purpose of enforcing all terms of the Settlement Agreement. It is further ORDERED that the claims set forth in Plaintiff Brandon Arispe's Complaint are DISMISSED WITH PREJUDICE. It is further ORDERED that The Whiting-Tuner Contracting Company's crossclaims against Jesus Munguia Gomez and Munguia Construction LLC are DISMISSED WITH PREJUDICE. It is further ORDERED that the claims set forth in The Whiting-Turner Contracting Company'sThird Party Complaint are DISMISSED WITH PREJUDICE. It is further ORDERED that the Motion to Dismiss (Dkt. No. 12) and related Motion to Strike (Dkt. No.19) are DENIED AS MOOT (see Order for further details). Signed by Magistrate Judge Lindsey R. Vaala on 9/15/2026. (nneb)
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