United States of America v. Odyssey Marketing Group, Inc., et al.

Filing 140

ORDER granting 139 Consent MOTION to Dismiss. Signed by US District Judge Terrence W. Boyle on 11/14/2017. (Stouch, L.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:15-CV-510-BO ) ) ) v. ) ) ODYSSEY MARKETING GROUP, INC., ) RODERICK JAMES MACKENZIE, TERRI) A. MACKENZIE, XZONDRIA DENISE ) BROWN, AND SONIA IVELISSE ) WRIGLESWORTH, ) Defendants. ) UNITED STATES OF AMERICA, Plaintiff, ORDER This cause comes before the Court on a consent motion by the United States and defendant Xzondria Brown for dismissal of defendant Xzondria Brown without prejudice. Fed. R. Civ. P. 41(a)(2). This matter was previously stayed on the government's request to allow the government to seek an interlocutory appeal of the Court's order granting summary judgment in favor of defendants Odyssey Marketing, Inc., Roderick James Mackenzie, Terri A. Mackenzie, and Ivelisse Wriglesworth. [DE 128]. The government failed to file a notice of appeal, and the time for doing so has expired. Accordingly, the stay in this matter is LIFTED and the clerk is DIRECTED to return this case to the Court's active docket. In the absence of objection, the consent motion to dismiss the claims against defendant Xzondria Brown without prejudice [DE 139] is GRANTED. As summary judgment was previously granted in favor of the remaining defendants, the clerk is DIRECTED to enter judgment and close the file. SO ORDERED, this J......!f.day ofNovember, 2017. ~h!e UNITED STATES DISTRICT JUDGE

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