Atlantic Coast Pipeline, LLC v. 6.02 Acres, More of Less, in Nash County, North Carolina, Located on Parcel Identification No. 023147 Identified as the Third Tract in Book 1093, Page 457 of the Public Records of said County et al

Filing 44

ORDER denying without prejudice 10 Motion for Partial Summary Judgment. Signed by Chief Judge Terrence W. Boyle on 3/9/2020. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:18-CV-79-BO

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ATLANTIC COAST PIPELINE, LLC,
Plaintiff,
V.

6.02 ACRES, MORE OR LESS, IN NASH
COUNTY, NORTH CAROLINA et al.,
Defendants.

ORDER

In light of the duration of the stay previously entered in this matter and the recent entry of
an order setting discovery and motions filing deadlines, as well as the filing of a stipulation of
immediate access and possession of the easements [DE 30] , plaintiffs motion for partial summary
judgment [DE 1O] is hereby DENIED WITHOUT PREJUDICE with permission to refile within
the time for filing dispositive motions as set forth in the scheduling order. If appropriate, plaintiff
may refile its motion and incorporate by reference its previously filed memorandum and exhibits
in support.

SO ORDERED, this

_j_ day of March 2020.
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T
RRENCEW.BOYLE

CHIEF UNITED STATES DISTRICT JUDGE

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