Fresenius Medical Care Holdings, Inc. v. Town of Lillington et al

Filing 73

ORDER granting 68 Motion to Adopt Previously Filed Motion to Dismiss. Plaintiff shall, consistent with the Federal Rules of Civil Procedure and Local Civil Rule 7.1, file any response to the adopted motion within 21 days of the entry of this order. Defendant may file any necessary reply thereto within 14 days. Signed by Senior Judge W. Earl Britt on 9/4/2019. (Herrmann, L.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:17-CV-215-BR FRESENIUS MEDICAL CARE HOLDINGS, INC. doing business as FRESENIUS MEDICAL CARE NORTH AMERICA, Plaintiff, v. TOWN OF LILLINGTON, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER This matter is before the court on defendant No. 1 Chinese Restaurant’s motion to adopt the motion to dismiss (DE # 28) and supporting memorandum of law (DE # 29) filed by No. 1 Restaurant at Lillington, Inc. (DE # 68.) Plaintiff Fresenius Medical Care Holdings, Inc. does not oppose this motion. (DE # 71.) In the interest of judicial efficiency and for cause shown, defendant’s motion is ALLOWED. Plaintiff shall, consistent with the Federal Rules of Civil Procedure and Local Civil Rule 7.1, file any response to the adopted motion within 21 days of the entry of this order. Defendant may file any necessary reply thereto within 14 days. This 4 September 2019. __________________________________ W. Earl Britt Senior U.S. District Judge

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