LYTTLE v. The UNITED STATES OF AMERICA et al

Filing 42

ORDER: Plaintiff's unopposed motion to amend his complaint to substitute parties [D.E. 40] is GRANTED. Plaintiff shall file the amended complaint not later than June 1, 2011. The federal defendants' motion for temporary stay of all pretrial proceedings [D.E. 27] is GRANTED. All pretrial proceedings are STAYED pending a decision on the pending MDL petition. The federal defendants shall notify the court of the MDL Panel's decision within seven days of the date that the MDL Panel resolves the petition. Finally, defendant North Carolina Department of Correction's motion to dismiss [D.E. 24] is DENIED as moot in light of the amended complaint, which removes the North Carolina Department of Correction as a defendant. Signed by US District Judge James C. Dever III on 5/24/2011. (Sawyer, D.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No.4:1O-CV-142-D MARK DANIEL LYTILE, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. ) ) ) ) ) ) ) ) ) ORDER Plaintiff's unopposed motion to amend his complaint to substitute parties [D.E. 40] is GRANTED. Plaintiff shall file the amended complaint not later than June 1,2011. The federal defendants' motion for temporary stay of all pretrial proceedings [D.E. 27] is GRANTED. All pretrial proceedings are STAYED pending a decision on the pending MDL petition. The federal defendants shall notify the court ofthe MDL Panel's decision within seven days of the date that the MDL Panel resolves the petition. Finally, defendant North Carolina Department of Correction's motion to dismiss [D.E. 24] is DENIED as moot in light ofthe amended complaint, which removes the North Carolina Department of Correction as a defendant. SO ORDERED. This ~ 4-day of May 2011.

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