The North Carolina Court of Appeals affirmed the trial court's decision, which found that the defendants, Sandra Broome-Edwards and Donald Blair, violated the North Carolina Unfair and Deceptive Practices Act (UDPA) by executing a self-help eviction against the plaintiff, Henry Myers. After multiple eviction actions were dismissed (including one with prejudice), the defendants locked Mr. Myers out of his home and disposed of his belongings, actions the court deemed illegal without judicial process.
Walker moved pursuant to Federal Rule of Civil Procedure 12(f) to strike the affirmative defenses raised by LVNV, arguing that the Iqbal/Twombley pleading standards apply to affirmative defenses. Finding no controlling case law, the court rejected this relying on Liles v. Wyman (E.D.N.C. 2019) as motions to strike " are generally viewed with disfavor because striking a portion of a pleading is a drastic remedy".
