Hayden v. Perry, et al.

Filing 18

ORDER denying without prejudice 10 Motion to Dismiss and granting 13 Motion to Stay. Signed by District Judge Terrence W. Boyle on 1/7/2016. Counsel is directed to read the order in its entirety for critical deadlines and information. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-458-BO
BARBARA L. HAYDEN,
Plaintiff,

v.
FRANKL. PERRY, NORTH CAROLINA
DEPARTMENT OF PUBLIC SAFETY et al.,
Defendants.

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ORDER

This cause comes before the Court on plaintiffs motion to stay. [DE 13]. Defendant has
responded in opposition. [DE 17]. For good cause shown, plaintiffs motion to stay is
GRANTED. [DE 13]. This matter is hereby STAYED pending resolution of the related matter
currently pending before the North Carolina Office of Administrative Hearings and pending the
outcome of mediation between the parties. Should both of these circumstances occur, the parties
are DIRECTED to notify the Court within seven (7) days of the latter's resolution. Should only
one of these circumstances occur, the parties are DIRECTED to notify the Court within seven (7)
days of its resolution.
Defendants' pending motion to dismiss [DE 10] is DENIED WITHOUT PREJUDICE.
Defendants will be granted fourteen (14) days to refile the motion from the date the stay is lifted
should they so choose.

SO ORDERED, this__!/_ day of January, 2016.

TERRENCE W. BOYLE
UNITED STATES DISTRICT JUDGE