Neuse Riverkeeper Foundation, Inc. et al v. Duke Energy Progress, Inc.

Filing 52

ORDER denying without prejudice 28 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss for Lack of Jurisdiction and 35 Motion to Stay. The case is STAYED. The parties shall update the court every 90 days on the status of the state court action. Counsel should read order in its entirety for additional information. Signed by Chief Judge James C. Dever III on 10/1/2015. (Jenkins, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-494-D

NEUSE RIVERKEEPER
FOUNDATION, INC., and
WATERKEEPER ALLIANCE, INC.,
Plaintiff,

v.
DUKE ENERGY PROGRESS, LLC.,
Defendant.

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ORDER

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On September 30, 2015, the defendant filed a joint notice regarding the order holding
defendant's motion to dismiss for failure to state a claim [D.E. 28] and motion to stay [D.E. 35] in
abeyance [D.E. 48]. The joint notice requested the court extend the abeyance period for defendant's
motions. That request is GRANTED in part and DENIED in part. The motions [D.E. 28, 35] are
DENIED without prejudice and can be renewed once the North Carolina court issues an order on
the parties' dispositive motions in the state action and through the appeal period for that forthcoming
order. The case is STAYED. The parties shall update the court every 90 days on the status of the
state court action.
SO ORDERED. This _l_ day of October 2015.