Redox Tech, LLC V. Earthworks Solutions, LLC, et al.

Filing 67

ORDER denying without prejudice defendant's 63 Motion to Dismiss for Failure to State a Claim and STRIKING it's answer and counterclaim 65 . Defendants may refile their motion, answer and counterclaim, if appropriate, after the stay in this action has been lifted. On or before December 6, 2017, the parties shall file a joint report informing the court of the status of their settlement and the parties' claims. Signed by Magistrate Judge Kimberly A. Swank on 11/29/2017. (Foell, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-447-KS
REDOX TECH LLC,

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Plaintiff,
v.
EARTHWORKS SOLUTIONS, LLC,
and EDWARD ESCOCHEA,
Defendants.

ORDER

This matter is before the court on its own motion. On November 22, 2017,
Defendants filed a motion to dismiss Plaintiff’s claims pursuant to Fed. R. Civ. P.
12(b)(6), as well as an answer and counterclaim. This action having previously been
stayed by this court’s order entered October 5, 2017, Defendants’ motion [DE #63] is
DENIED WITHOUT PREJUDICE and its answer and counterclaim [DE #65] are
STRICKEN. Defendants may refile their motion, answer and counterclaim, if
appropriate, after the stay in this action has been lifted.
On or before December 6, 2017, the parties shall file a joint report informing
the court of the status of their settlement and the parties’ claims.
This 29th day of November 2017.
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KIMBERLY A. SWANK
United States Magistrate Judge