Mainstreet Collection, Inc. v. Alderman

Filing 35

ORDER denying 15 Motion for Discovery and denying 18 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge James C. Dever III on 4/1/2013. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:12-CV-301-D

MAINSTREET COLLECTION, INC.,
Plaintiff,

v.
KRISTEN ALDERMAN,
RANDY ELLER,
ELLER ENTERPRISES, LLC,
GEORGE KACIC,
GIFTCRAFT, INC.,
GIFTCRAFT, LTD.,
Defendants.

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ORDER

Plaintiff's motion for limited discovery [D.E. 15] is DENIED. Plaintiff has failed to meet
its burden under Federal Ru1e of Civil Procedure 26(d) concerning such discovery. On February 21,
2013, plaintiff filed a first amended complaint [D.E. 25]. Defendants' motion to dismiss the
complaint [D.E. 18] is DENIED as moot Defendants shall plead in response to the first amended
complaint in accordance with the Federal Ru1es of Civil Procedure.
SO ORDERED. This _j_ day of April2013.

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J
SC.DEVERill
Chief United States District Judge