Speaks et al v. U.S. Tobacco Cooperative, Inc.

Filing 26

ORDER granting 23 Motion to Stay. Signed by Chief Judge James C. Dever III on 3/22/2013. (Sawyer, D.)

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION Civil Action No.: 5:12-CV-00729-D TERESA M. SPEAKS, TOBY SPEAKS, STANLEY SMITH, EDDIE BROWN, ROBERT POINDEXTER, MIKE MITCHELL, ROY L. COOK, ALEX SHUGART, N. RANDY WOOD Plaintiff, vs. U.S. TOBACCO COOPERATIVE, INC., Formerly the FLUE-CURED TOBACCO COOPERATIVE STABILIZATION CORPORATION, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Defendant. _______________________________) THIS CAUSE coming on for hearing before the undersigned upon Joint Stipulation and Motion for Extension of Temporary Stay of the Plaintiffs and Defendant, and the Court being of the opinion, for good cause shown, that the Motion for Temporary Stay should be allowed. NOW, THEREFORE, WITH THE STIPULATION AND CONSENT OF THE PARTIES it is hereby ordered, adjudged and decreed, that there shall be a temporary stay of this matter for a period of up to ninety (90) days, pending a determination of the class certification motion pending in the Superior Court Division of Wake County, North Carolina, or thirty (30) days from the date that any further order regarding class certification is entered in that matter, whichever first occurs (the "Temporary Stay"). Upon expiration of the Temporary Stay, and unless further extended by Order ofthis Court, the Plaintiff shall have a period ofthirty (30) days thereafter to amend their pleadings, if they so desire. The Defendants shall thereafter have a period of thirty (30) days from the date of service of any amended pleadings or from service of notice that Plaintiffs do not intend to amend their pleadings to file responsive pleadings or to otherwise plead. IT IS FURTHER ORDERED that the Stipulation and Motion does not constitute a waiver of any defenses that the Defendant may have to Plaintiffs' Complaint, nor a waiver by the Plaintiff of any position or claim it may have This the ~1. day of March, 2013.