Boyce et al v. Wachovia Securities LLC et al

Filing 50

ORDER granting 49 Motion to Dismiss Class Claims Without Prejudice - Signed by Chief Judge Louise Wood Flanagan on 08/23/2010. Copies served. (Baker, C.)

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Boyce et al v. Wachovia Securities LLC et al Doc. 50 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION CIVIL ACTION No. 5:09-CV-263-FL GORDON E. BOYCE, PATRICIA A. BOYCE, and OTHER CUSTOMERS OF WACHOVIA SECURITIES, LLC, SIMILARLY SITUATED to be NAMED CLASS MEMBERS Plaintiffs, vs. WACHOVIA SECURITIES, LLC, JEFFREY BEAVER, JAMES W. APPLEWHITE, III, and BILL BRYANT, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDGER GRANTING DISMISSAL OF CLASS CLAIMS WITHOUT PREJUDICE Presently before the Court is the joint motion of the parties, pursuant to Rule 41 of the Federal Rules of Civil Procedure, seeking dismissal of the class claims in this action without prejudice. Having reviewed the joint motion and considered this matter under the governing standard of Shelton v. Pargo, Inc., 582 F.2d 1298, 1314 (4th Cir. 1978), the Court is satisfied that the joint motion should be granted. ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT: 1. Class claims asserted in this action are hereby dismissed without prejudice. August IT IS SO ORDERED this 23rd day of _______________, 2010. ____ __________________________________ LOUISE W. FLANAGAN Chief United States District Judge

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