SRS North Carolina Properties, LLC, et al v. CROC, LLC, et al

Filing 21

ORDER denying without prejudice 16 Motion to Dismiss for Failure to State a Claim and granting 18 Motion to Amend Complaint. Plaintiffs are DIRECTED to file the amended complaint with this Court within five days of the date of entry this Order. Signed by US District Judge Terrence W. Boyle on 4/5/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

NORTHERN DIVISION

NO.2:11-CV-64-BO

SRS NORTH CAROLINA PROPERTIES, )

LLC AND STEPHEN R. SMITH,
)

Plaintiffs,
)

)

v.
)
)
CROC, LLC; DAVID W. STAGEMEYER; )
CAROLYN L. STAGEMEYER; JAMES
)
B. BONNER; NORA A. BONNER; AND )
DAN L. MERRELL;
)
Defendants.
)

ORDER

This matter is before the Court on Plaintiffs' Motion to Amend Their Complaint [DE 18]
and Defendants' Motion to Dismiss [DE 16]. In the interest ofjustice and for good cause shown,
Plaintiffs' Motion to Amend is GRANTED. Plaintiffs are DIRECTED to file the amended
complaint with this Court within five days of the date of entry this Order. Defendants' Motion to
Dismiss is DENIED WITHOUT PREJUDICE, with permission to refile in response to Plaintiffs'
Amended Complaint if appropriate. Defendants are reminded, in filing any future motion to
dismiss, that they must also file an accompanying supporting memorandum, in compliance with
Local Rule 7.1(d).

-

SO ORDERED. This ~ day of April, 2012.

~tJ·!30
TE
NCE W. BOYLE
UNITED STATES DISTRICT JUDGE