Smoot Holdings, LLC et al v. City of Raleigh et al

Filing 38

ORDER denying 21 Motion to Dismiss and 29 Motion for Judgment on the Pleadings. The court DIRECTS the parties to return to Wake County Superior Court in order to clarify under Rule 60(b) of North Carolina Rules of Civil Procedure (or other ap propriate process) the scope ofthe Wake County Superior Court's judgment of March 26, 2010. The court DIRECTS the parties to report to the court not later than October 31, 2012, the status of any additional proceedings in Wake County Superior Court. If the parties desire, the court will then schedule and hold a status conference. Signed by Chief Judge James C. Dever III on 7/13/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

No.5:II-CV-521-D

SMOOT HOLDINGS, LLC,
and DAVID M. SMOOT,
Plaintiffs,
v.
CITY OF RALEIGH,
FRANCIS P. RASPBERRY, JR.,
and THOMAS A. MCCORMICK,
Defendants.

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ORDER

On July 13,2012, the court held oral argument on all pending motions. During argument,
defendants contended that the right-of-way easement in dispute was not taken as part of the Wake
County Superior Court's judgment of March 26, 2010. Plaintiffs disagreed. In light of this
disagreement, the court stays the action pending clarification from the Wake County Superior Court
as to whether the Wake County Superior Court's judgment ofMarch 26, 20 I 0, included the disputed
right-of-way easement.
Accordingly, the court DENIES without prejudice all pending motions [D.E. 21, 29] and
STAYS the action. The court DIRECTS the parties to return to Wake County Superior Court in
order to clarify under Rule 60(b) ofNorth Carolina Rules of Civil Procedure (or other appropriate
process) the scope of the Wake County Superior Court's judgment of March 26,2010. The court
DIRECTS the parties to report to the court not later than October 31, 2012, the status of any
additional proceedings in Wake County Superior Court. If the parties desire, the court will then
schedule and hold a status conference.

SO ORDERED. This ~day of July 2012.

SC.DEVERill
J
ChierUnited States District Judge

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