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carter lawsuit against bladen county schools

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Rockingham County Board of Education (Board) employed plaintiff in December 1996 to work as a custodian for the school system. They raised livestock, too, and shared the bounty. For the 26 nuisance lawsuits, the No. Second, the North Carolina Senate passed the Farm Act of 2018 which would provide protection to farmers against nuisance lawsuits. In August 2019, NCDPI sent an email request to all public school educators and superintendents in the state to obtain input via a survey. The Smithfield packaging plant moved to Tar Heel in the 1990s and has been expanding ever since. By Barry Yeoman, December 20, 2019 Matthew Carter, whose family owns the farm next door to Farland's home, declined an interview request on behalf of the family. This made it harder to track whether regulators were taking those complaints seriously. The jury came back with a knockout verdict: Not only was Smithfield responsible for its neighbors suffering, but it had also acted wantonly enough to warrant punitive damages. Counsel should "flatten" the civil cover sheet, request for waiver of service, financial disclosure statement and the waiver of service returned unexecuted prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. The Bladen County School District does not control and cannot guarantee the content, appropriateness, relevance and accuracy of this outside material and information. We visited a farm while lagoon water was being sprayed high into the air. Bladen County Board of Education members Harfel Davis, Dennis Edwards, Steve Kwiatkowski, Keith Locklear, Gary Rhoda and Mackie Singletary took the oath of office on Dec. 12. Three additional depositions (two of which were Lauten and Clark) were scheduled for 22 January 2002, the day plaintiff's motion to amend was heard, and a few interrogatory responses from the Board were still outstanding. 358, 361, 337 S.E.2d 632, 634 (1985). Therefore, if all of North Carolinas lagoons are to be capped, all the spray fields will have to be expanded. Public Records Policy. The meeting was publicized as a virtual and public meeting. Or they peered out the windows, trying to find the source. I got to go.. Of the 35,000 or so residents in the county, Smithfield employs approximately 5,000 people at the plant, many of whom live in Bladen. (Entered: 09/25/2019), TEXT ORDER granting Defendant's Motion for Extension of Time #9 . All 26 cases center primarily on nuisance-related issues: the smell of the hogs and their manure, the spray systems allegedly misting liquid manure onto their property, flies, buzzards and the sound of large trucks carrying hogs to and from the farms. 4:20-CV-00215 | 2020-11-17, U.S. District Courts | Civil Right | Then she settled in to testify against the worlds largest pork producer. The punitive cap, $250,000 each, put their combined award from the jury at $630,000. Twitter: @alanwooten19. Its illegal to take drone photos of feedlots in Texas. Here are the rural residents who sued the worlds largest hog producer over waste and odors and won. The trial court filed an order on 28 December 2001 that (1) scheduled any pending motions for hearing on 21 January 2002, (2) required discovery to be completed by 22 March 2002, and (3) set the trial date for 15 April 2002, with an alternate trial date of 8 July 2002. Coincidentally or not, 2013 was also the year when out-of-state attorneys Charles Speer and Richard Middleton started pursuing a tort case (civil wrongdoing) against North Carolina hog farms. Instead, it was suggested. Peter Frank's trial is set forAug.16 in Bladen County, according to Laura Brewer, N.C. Department of Justice public information officer. When asked about that call, Carter smiled and said it only fuels him to work harder in the weight room and on the practice field. The school system is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Jordan Phasey owns Phinite, a company committed to developing low-cost disposal solutions. 1-on-1 with Jon Evans. In total, the $50.75 million verdict in favor of the plaintiffs was reduced to $3 million. [A]n order denying a motion to amend pleadings is an interlocutory order, and is not immediately appealable. Buchanan v. Rose, 59 N.C.App. 207 E. Broad St. AIG -Academically & Intellectually Gifted, Career & Technical Education and Driver Education, English Language Learners and Migrant Education, Social-Emotional Learning and Student Support Services, Teacher Assistant-to-Teacher Program Information, Continuing Education Units Renewal Requirements, 1489 US Highway 701 South Elizabethtown, NC 28337. We expected to find a high-tech operation built onto the lagoon when we came for a tour, but instead, we found a wetland. Its also the largest taxpayer in the county, making up 3-4 percent of the tax base by itself. If the Fourth Circuit upholds the awards, that could green-light the cases of hundreds more plaintiffsa protracted legal battle over environmental justice. Given the degree of the nuisance claims, one would think it is an almost daily occurrence but farmers keep spray records and those we worked with said they spray primarily during growing season, usually fewer than 15 times per year per field. Because of a state moratorium imposed in the 1990s, no new hog lagoons can be built in North Carolina and the size of the lagoon dictates how many hogs can be on site. Lauten and Clark informed Lonnie Sechrist (Sechrist), Assistant Superintendent for Human Resources for Rockingham County Schools, that they observed plaintiff engaging in improper conduct with an unidentified person on school property. Co. of Am. As the verdicts rolled in last year, Smithfield announced a change in how it will handle its hog waste in North Carolina and two other states. With regards to the Carter lawsuit the lawsuit is brought by Teresa Carter in the U.S. District Court of the Eastern District against the Bladen County Board of Education. Her father lives in a nursing home. Site Map. twitter facebook pinterest linked in vimeo instagram youtube flickr. The school system retains control over what links will be placed on system-related websites; however, the linked sites themselves are not under the control of the school system, its agents or its employees. McKoy had traveled 90 miles from Bladen County, part of the flat and farm-heavy coastal plain that covers most of eastern North Carolina. The cap lowered the amount to $94 million, still a significant amount of money to be claimed by six neighbors. Please serve this list on all parties. ), filed by Teresa Carter. April 5, 2019. Many weekends she picks him up and takes him back to the house where she and her mother still live. The first trial was held in April involving 10 neighbors and Duplin County farmer Billy Kinlaw. Hall said a company like WH Group, which is raking in billions of dollars, has plenty of room to improve its growers systems and make life for the community as a whole more enjoyable. North Carolina has had a de facto moratorium on new swine operations since 1997, which essentially means the law disqualifies all hog farm neighbors from making nuisance claims. The journal Environmental Health Perspectives, which is funded by the federal government, described the smell in these rural communities as reminiscent of rotten eggs and ammonia.. We can discern no abuse of discretion in the trial court's decision to deny plaintiff's motion to add Clark and Lauten as defendants. He is charged with 29 counts of felony sex crimes against children and students, includingfirst-degree sexual offenses,statutory sex offenses with a person who is aged 13, 14, or 15,sexual activity with a student,indecent liberties with a child,and indecent liberties with a student. Recently, she said, she invited a classmate over, and they got off the school bus to an awful stench. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Listen to part of the Board meeting on our YouTube channel linked below. These are good people, he said. Moreover, caps concentrate the nutrient values of lagoon water since there is little naturally occurring evaporation and breakdown from sunlight. A breathtaking lack of oversight for air emissions from animal farms, For years, complaints about North Carolinas hog pollution vanished in state bureaucracy, Barry Yeoman & Sam Fromartz on WNCU-Radios The Dirt, After mega-dairy was shut down, Oregon lawmakers consider a moratorium on new operations. Waiver of Service due by 11/25/2019. 2 hog production state, after Iowa. In denying plaintiff's motion to add Clark and Lauten, the trial court stated that: [a]s to the new parties, it seems to me totally clear that you would have to put the trial off because these people would have to be served, and then they would have 30 days to answer, and then they could get an automatic extension, and then-I just don't see-you know, you can deal with that otherwise, I think. On the other side is a staunch argument the plaintiffs had been pleading for relief for years with no recourse until finally a legal entity would hear their case and offer their services. The Blood Connection Has Drives In Bladen in May, NCDOT: High Water Closes Elwell Ferry This Week, Vineyard Golf, Land O Lakes May Tournament Schedules, Pastor Carl Smith To Celebrate 21 Years at Piney Grove Missionary Baptist Church. During the late 20th century, as the tobacco economy declined, farms like Kinlaws transformed North Carolina into the countrys No. In light of Frank's case, the school system's assistant superintendent of human resources,Dr. John Welmer, andSuperintendent Tim Markleyboth resigned from their positions in 2020. Signed by Peter A. Moore, Jr., Clerk of Court on 11/20/2019. It may just make him run harder. It's no secret defenders try to use Carter's size as a way to make him scared on the field. (Bowers, Walter) (Entered: 09/25/2019), (#3) Financial Disclosure Statement by Teresa Carter (Bowers, Walter) (Main Document 3 flattened and replaced on 9/27/2019) (Edwards, S.). Listen to what Gooden, a hog farmer, had to tell us about being a target: If you had never been to a hog farm and read only the lawsuit paperwork, you might have a horrified vision of manure being flung onto houses deliberately. Leave a Comment Regionals. Thursday, November 19, 2020, the United States Court of Appeals for the Fourth Circuit upheld a 2018 jury verdict finding liable a Smithfield Foods subsidiary, Murphy-Brown LLC, for compensatory and punitive damages. They pushed back on Britts decision to not allow the jury onto a farm or allow their own odor expert to testify. Is it coming from your house?. Before going into the session, Chairman Roger Carroll said the board needed to talk about the Carter lawsuit.. dedicates station in memory of longtime board member, Gator was love and laughter in any room he entered: Willie Stargell Foundation mourns the passing of longtime celebrity guest, Larry Gator Rivers, UNCW mens tennis team draws Duke in NCAA Championship Tournament, Crews respond to fire started by lightning on N Kerr Avenue, Two arrests after police say man waved gun around Carolina Beach Boardwalk, Brian Chism sworn in as Brunswick County sheriff. (Rudd, D.) (Entered: 09/26/2019), U.S. District Courts | Civil Right | The first case involving the Joey Carter Farm near Beulaville ended June 29, with plaintiffs Elvis and Vonnie Williams awarded $25.13 million $65,000 each in compensatory damages, $12.5 million each in punitive damages. (page 10 of the budget specifically addresses your questions). The recent lawsuits provoked yet another round of legislative protections. "We have a great line," Carter said, praising the big men up front. Board of Education Meeting, Early Release/Last Day of School (Bladen Early College), Early Release/Last Day of School (Traditional Schools). Her parents are still alive. You can read the NC Governors full recommended budgetHERE(page 10 of the budget specifically addresses your questions). On Monday, FormerHoggard High School volleyball coach Ron Strickland was chargedby the New Hanover County Sheriff's Office with two counts of sexual activity by a custodian, a crime he allegedly committed in the 1980s. They set up shop in rural communities where, regardless of race, life centers on gardens, porches, and yards. (Entered: 09/25/2019), (#1) COMPLAINT against Bladen County Board of Education ( Filing fee $ 400 receipt number 0417-5118966. He met us on his hog farm in Bladen County and gave a tour of the lagoon system. "When I got out here, I just noticed everyone was bigger than me so I had to run even harder and faster.". "You can't just sit there and wait for the hit.". Water is flushed through the basin and piped out into an open-air pool/lagoon. Lonnell Carter (plaintiff) appeals from an order denying his motion to amend his complaint to add two individual defendants. Charlotte Smith, owner of Bladenonline, sums up her observations of the trial in an Op-Ed called A Miscarriage of Justice., Calabash Fire Dept. And what of the long-term economic impact? Before expounding upon the reasons for my disagreement with the majority, I believe it is important to review the procedural history of this case, paying particular attention to the proximity of relevant dates. Bacon and all pork products are dependent on growers to raise them 365 days a year. Smithfield lost all five, even the two for which it chose the plaintiffs. Alan Wooten can be reached at 910-247-9132 or awooten@bladenjournal.com. New Hanover County Schools address: sex offenses, student safety Bostian shot himself on April 2 hours after being charged with two counts of sexual offense by a government employee and being. The litigation sparked a public relations offensive: Smithfield called most of the trials unfair and the lawsuits an outrageous attack on animal agriculture. And the suits triggered a chain of political backlash and counter-backlash spanning all three branches of North Carolinas government. We had to look outside the immediate circle. Smithfield is the largest integrator and their hogs provide their income. The farmer owns and is responsible for every part of the land, but they do not own the hogs. CONTACT INFORMATION: 1489 US Highway 701 South Elizabethtown, NC 28337 (PHONE) 910-862-4136 (FAX) 1-855-860-6170 Site Map. When he said this would be impossible, the company removed its pigs and stopped delivering new ones. It was pointed out that the farm he identified was actually where human waste was applied. Of North Carolinas 2,300 hog farm operations housing approximately 9 million hogs, Kaeske argued that covering all of the lagoons would cost about $500 million, which would be a relatively small price to pay for a company like WH Group, which has reported more than $21 billion in revenue. To do so, the calendar splits into 80 days before Christmas and 100 after the holidays. Accordingly, I would reverse the trial court's decision denying plaintiff's motion to amend his complaint because defendants failed to meet their burden of establishing how they would be prejudiced by the addition of Lauten and Clark. 820New York NY 10036(646) 248-6014 Main, Your donations help us with our investigations.DonateAg Insider SubscriptionsThe Dirt. The EPA said that those who did complain reported retaliation, threats, intimidation, and harassment. In 1998, Herring received a letter from a farmers attorney saying that if she persisted in making groundless claims against his client, eventually we will ask the Court to put you in prison., None of the contract farmers were named in the lawsuits. Kaeske suggested the lagoons could be covered, biodigesters employed and equipment used to trap methane gas and convert it into electricity. Some plaintiffs were there before the farms. No, there was nothing nice about what was happening in our communities.. "I always face the comments, you know, 'You too little,'" Carter said. Smithfield-contracted hog houses have concrete slatted floors that allow both liquid and solid waste from the hogs to fall below into a sealed concrete basin. 1 issue was odor. Crimes of the Cape Fear. Like I said, theyve just been brainwashed. Luella Carter; 910-862-2475 ext. 717, 723, 381 S.E.2d 467, 471 (1989). Mrs. Newton wrote in her email response on Friday, April 23, Per your questions received on April 20, we are providing answers for you below.. "My daughter might be taller than he is.". Plaintiff argues that he will be able to bring the negligent and intentional infliction of emotional distress claims against Clark and Lauten in a separate action. Blackboard Web Community Manager Privacy Policy (Updated). Finally, one place to get all the court documents we need. When industrial hog farms started dotting North Carolinas coastal plain in the 1980s and 90s, their impact did not fall evenly. CHASKA, Minn. (WCCO)-- A settlement has been reached after a lawsuit was filed against East Carver County Schools that alleged systematic racism at Chaska schools. Hall also recognized the farmers going out of business benefited no one, especially the plaintiffs. Im in the neighborhood every day when Im over there, and up until the lawsuit, I didnt know there was an odor issue or nothing, said the elder Carter, who is a retired local police chief. But with a court appeal about to be heard, will the judgments for the North Carolinians hold up? Other children, McKoy testified, covered their faces with their shirts as the bus approached her house. You do something for 20-something years, and they pull the plug on you, and you havent done anything to cause that. Back to School. Much of this story has yet to unfold but the financial implications are alarming. Some members of the audience took issue with how the trial was carried out. On or about 24 September 2001, plaintiff received the Board's interrogatory responses which identified Lauten and Clark as the individuals who reported the alleged incident of improper conduct to Sechrist. The only odor came while standing at the back of the hog houses where the large ventilation fans drafted out air from inside. Instead, by the court denying the motion, plaintiff lost his opportunity to bring a defamation action against Lauten and Clark because his motion to amend was filed one day before the statute of limitations on that claim expired. To me that day, it didnt smell bad. Can you please explain the proposed pay raises for the teachers and the Superintendent in the proposed budget? 36508 Marie Chavis; 910-862-2475 ext. Learn more about FindLaws newsletters, including our terms of use and privacy policy. He told the nonprofit newsroom ProPublica last year that campaign contributions dont influence his decisions. The school system provides links as a convenience, and the inclusion of any link does not imply endorsement of the site by the school system. As the season continues, Carter has a warning for any defender who lines up across from him: Watch what you say. A 2014 study by Wing and his colleague Jill Johnston concluded that African Americans, Native Americans, and Latinos are more likely than whites to live within three miles of a large swine operation. The second lawsuit was held in Raleigh on June 29. Several residents said that for more than 15 years, the government has been well aware of the conditions they have to live with, but has done nothing to help, so complaining to NC DEQ would be futile, wrote Lilian Dorka, the director of the EPAs External Civil Rights Compliance Office. After careful consideration of the briefs and record, we affirm. The Bladen County Schools officials have received numerous questions over the past 12 months. By granting the motion to amend, the court would have promoted judicial economy by avoiding the necessity for separate trials or for plaintiff to file first a separate complaint and then a motion to join the two actions. Mauney, 316 N.C. at 72, 340 S.E.2d at 400. At least, if the plaintiffs prevailed, she said, her nieces and nephews might be able to enjoy playing outdoors again. In the mid-1990s, a farmer named Billy Kinlaw bought the property at the end of the road. They overrode a second veto in 2018, restricting potential nuisance suit plaintiffs to those who live within a half-mile of the alleged nuisance and sue within a year after a farm opens or makes a fundamental change. (Switching products or expanding is not considered fundamental.) carter lawsuit against bladen county schools 16522 post-template-default,single,single-post,postid-16522,single-format-standard,ajax_fade,page_not_loaded,,qode-theme-ver-16.3,qode-theme-bridge,disabled_footer_bottom,wpb-js-composer js-comp-ver-5.4.7,vc_responsive Waiver of Service Returned Unexecuted filed by Teresa Carter as to Walter L. Bowers Jr. (Bowers, Walter) Modified on 9/26/2019 (Sellers, N.). I have sent emails to board members and to Mrs. Newton that have gone unanswered. In May 2018, Smithfield wrote in a letter to Kinlaw that the plaintiffs produced no scientific data to deem his farm a nuisance. Here, the trial court allowed plaintiff's motion to add the two claims of intentional and negligent infliction of emotional distress. She owns BladenOnline.com and summed up her observations of the trial in an Op-Ed called A Miscarriage of Justice. 622, 624, 566 S.E.2d 801, 803 (2002). Hog lagoons and hog houses have a deep, musty smell that smells just like what it mostly is: a barnyard. ), It dont take a smart person to figure this out, he added. She added that she could smell their waste, too, and tried to mask it with an air freshener and scented candles. Reasons justifying denial of an amendment are (a) undue delay, (b) bad faith, (c) undue prejudice, (d) futility of amendment, and (e) repeated failure to cure defects by previous amendments. Martin v. Hare, 78 N.C.App. "I was shorter, asking taller guys where the classes were," Carter remembered. (Bowers, Walter) (Main Document 2 flattened and replaced on 9/27/2019) (Edwards, S.). Until people from outside came in with an agenda, Anderson told jurors in the first trial. If you or someone you know is a victim of bullying, we are providing prevention and response resources. [T]he right to avoid the possibility of two trials on the same issues is a substantial right that may support immediate appeal. Alexander Hamilton Life Ins. You can hear Heustess discuss the stronghold Smithfield has in Bladen here: The last person we spoke to about the farms was not involved in the lawsuits but rather on the problem-solving side of dealing with waste. Area farmers will tell you its because theres not a lot of money to be made in suing small hog operations. AIG -Academically & Intellectually Gifted, Career & Technical Education and Driver Education, English Language Learners and Migrant Education, Social-Emotional Learning and Student Support Services, EBHS Student Selected to Attend North Carolina Governor's School, Dublin Primary BOB Team Headed to Regional Competition, 1489 US Highway 701 South Elizabethtown, NC 28337. Includes a $2,000 bonus for those employees in the current fiscal year and $1,000 bonuses in each year of the biennium.. The plaintiffs assert they are not suing their neighboring farmer, who in some cases is also their former employer and/or family friend. This may be to our benefit.. Others, including a couple that attended oyster roasts and pig pickings at the Kinlaw farm, insisted there was no offensive odor. Stand close enough and you can see gasses bubbling up as decomposition occurs below. What is the Carter lawsuit concerning Bladen County Schools that was on the agenda? Mail: Please contact [emailprotected] 2022 Food & Environment Reporting Network, Inc. All Rights Reserved. BLADEN COUNTY, NC (WWAY) DuPont, Chemours and Corteva announced on Friday an agreement worth $4 billion to settle lawsuits involving the use of per-and polyfluoroalkyl substances . "I was shorter, asking taller guys where the classes were," Carter remembered. Public school boards are required by legislation to implement the new social studies standards, as well as any content area standards. Ive been knowing them all my life, and Im 80 years old. Its decision will not be disturbed on appeal absent a showing of abuse of discretion. Isenhour v. Universal Underwriters Ins. Its a physical representation of feces, he told a jury. Lawyers dont take these tort cases unless they are going to get big damages, because thats how they get paid.. No matter how those cards shuffle, there has undeniably been permanent damage. Here We Grow. The first day will be Aug. 16 and classes will end on May 26, 2022. Their cases involve other farms. Funds a 10% increase in the Principal salary schedule and a 7.5% increase for Central Office and noncertified public school employees. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, Hall rightly acknowledged the contract growers are between a rock and a hard place. Kayla Thompson and Casey Carnes Win First Place in the Championship Flight at Par Country Club, Bladen County Butterfly Release Held to Remember Fatally Abused Children, Bladen County Schools Respond to Some Questions About Social Study Standards. Smithfield also debated the accuracy of comparing North Carolina hog farms to those in Missouri. Youve probably seen how bright pink the lagoons can be from aerial footage. Watch this video to see the spray system in action: Despite making headlines, the rate of hog lagoon breaches during major storms is statistically small compared to the total number of farms and compared to the thousands of gallons of human waste discharged during severe weather events like Hurricane Florence. Smithfield declined several interview requests. He doesnt think its fair that farmers should be on the hook financially to invest millions in caps and high tech systems and that Smithfield should be footing the bill. Defendants failed to show they were prejudiced by plaintiff's choice. Last night, I wanted to record the meeting and ask questions BladenOnline readers have been asking for months, but I was not allowed in the in-person meeting. The first day will be Aug. 16 and classes will end on May 26, 2022. After the caps put on lawsuits, it shook out to $630,000. Lagoons have a 20-25 year lifespan before they must be manually pumped out. Still, they consider themselves collateral victims. Center in Wentworth. Some of these questions were asked to the Board of Education members on February 1, 2021. A state judge disqualified Speer and Middleton but the effort didnt stop there. Ultimately, there would be around 500 plaintiffs and 26 lawsuits. Democratic Governor Roy Cooper vetoed the bill. Hog farms do not pump their hog waste elsewhere but rather spray it onto their fields to leverage the nutrients as recycled fertilizer. Cases involving employment discrimination (gender, age, religion, etc. The school system provides links as a convenience, and the inclusion of any link does not imply endorsement of the site by the school system. No further action is needed at this time. The solid matter falls to the bottom while the mineral-rich liquid is drafted off to spray onto fields as fertilizer. Are there any more proposed raises for our local teachers? Wednesday, June 15 Dixie Boys Baseball At County Park Field #1 6 p.m. GreenJackets vs. RedBirds Bladen Recreation 11-12 Softball At County Park Field #3. Some of the plaintiffs who have worked for the hog farmers are now involved in their nuisance lawsuit. Photographs by Eamon Queeney, This article is part of FERNs series Those homeowners lived closer but were not suing. The Judge overseeing this case is James C. Dever, III. New Hanover County Schools havecome under heat again this month following two staff members having sexual allegations made against them. The David Bostian case:Timeline of events from accusations to most recent reactions, New Hanover County Schools responds:to death of middle school assistant principal David Bostian, Related:Wilmington assistant principal found dead after allegations of inappropriate student relationship, New Hanover County Schools address:sex offenses, student safety. "I gotta bring something to the table, prove myself not only to myself but to my teammates and to my family and the community as well.". The school system reserves the right to remove or restrict any links. All rights reserved. 2022 ELIZABETHTOWN An overflow crowd attended the regular meeting of the Bladen County School Board on Monday, many. However, a party may appeal an interlocutory order when (1) the order or judgment is final as to some but not all of the claims or parties, and the trial court certifies the case for appeal pursuant to [G.S.] Those farms quintupled the states hog population over four decades, to 9 million today. 3:19-CV-00333 | 2019-07-15. The hog industry has long found allies in the North Carolina legislature. Frank, who was originally arrested on Jan. 24, 2020, was fired by the New Hanover County Board of Education on Feb. 15, 2020. The school system reserves the right to remove or restrict any links. Lonnell CARTER, Plaintiff, v. ROCKINGHAM COUNTY BOARD OF EDUCATION, Johnson Controls, Inc. and Lonnie Sechrist, officially and individually, all jointly and severally, Defendants. Plaintiff further argues that if the denial of his motion to amend is affirmed, the statute of limitations will prevent plaintiff from bringing a defamation action against Clark and Lauten. "When I got out here, I just noticed everyone was bigger than me so I had to run even harder and faster."

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