Roberson v. Paul Smith, Inc. et al

Filing 98

ORDER denying as moot 95 Motion for Relief Related to the Court's Orders. Counsel is reminded to read the order in its entirety for further information. Signed by Senior Judge James C. Fox on 8/9/2011. (Edwards, S.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIYISION TRISHA L. ROBERSON, Plaintiff, v. PAUL SMITH, INC.; NORTH CAROLINA DIGITAL IMAGING, INC.; PAUL SMITH, SR.; and PAUL SMITH, JR. Defendants. TRISHA L. ROBERSON, Plaintiff, v. PAUL SMITH, INC. and NORTH CAROLINA DIGITAL IMAGING, INC. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.5:07-CY-284-F No.5:08-CY-40-F ORDER This matter is before the court on the Motion for Relief Related to the Court's Order filed 4/20/11 [DE-95]. In the Motion, Defendants assert that Plaintiff has failed to comply with the court's April 20, 2011, Orders [DE-93; DE-20] directing Plaintiff to file another copy of Exhibit 8 [DE-74-1] to Plaintiff s Memorandum in Opposition to Motion for Summary Judgment, with pages 5-7 omitted, to be maintained on the record not under seal. Defendants contend that Plaintiffs failure to file the redacted copy of the exhibit has prevented this court from remanding "the matter(s)" to the Johnston County Superior Court. In the April 20, 2011, Orders [DE-93; DE-20], the court ordered that Case No. 5:07-CY­ 284-F be remanded to the Johnston County Superior Court. On the same day the Orders were filed, the Clerk of Court sent a letter to the Clerk of Court for the Johnston County Superior Court, notifying him of the remand of Case No. S:07-CV-284-F. See Letter [DE-94]. Since the filing of Defendants' Motion, Plaintiff has complied with the court's order. See Redaction [DE-97]. Defendants' Motion [DE-96] is therefore DENIED as moot. SO ORDERED. This the 9th day of August, 2011. J~ES C. FOX Se ior United States District Judge 2

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