Cashwell et al v. Town of Oak Island, North Carolina et al

Filing 34

ORDER - In order to ensure just consideration of all issues raised by defendants' motion to dismiss, the court DENIES plaintiffs motion to stay 29 . Defendants' motion for extension of time 31 is DENIED AS MOOT. H owever, the court allows plaintiffs 14 days from the date of this order to respond to those parts of the motion to dismiss not addressed in their initial response filed December 3, 2018. Defendants shall file a reply within 14 days of filing of plain tiffs' response. Thereupon, the clerk is DIRECTED to resubmit the motion to dismiss 22 for decision by the court. Signed by District Judge Louise Wood Flanagan on 1/25/2019.(A copy of this order was sent via US mail to Helen C. Cash well, 3407 E. Yacht Drive, Oak Island, NC 28465 AND Brad R. Johnson, 111 SE 14th Street, Oak Island, NC 28465 AND Elci Wijayaningsih, 111 SE 14th Street, Oak Island, NC 28465 AND Russell W. Kincaide, 3764 Heron Circle SE, Southport, NC 28461.) (Collins, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:18-CV-109-FL

HELEN C. CASHWELL Trustee, BRAD
R. JOHNSON, ELCI WIJAYANINGSIH,
and RUSSELL W. KINCAIDE,
Plaintiffs,
v.
TOWN OF OAK ISLAND, NORTH
CAROLINA; DAVID KELLY in his
individual capacity; DAVID HATTEN in
his individual capacity; KATIE
COLEMAN in her individual capacity,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the court on plaintiffs’ motion to stay part of defendants’ motion to
dismiss, or, in the alternative for extension of time to file response thereto (DE 29), and defendants’
motion for extension of time to file reply (DE 31). In order to ensure just consideration of all issues
raised by defendants’ motion to dismiss, the court DENIES plaintiffs’ motion to stay. Defendants’
motion for extension of time is DENIED AS MOOT. However, the court allows plaintiffs 14 days
from the date of this order to respond to those parts of the motion to dismiss not addressed in their
initial response filed December 3, 2018. Defendants shall file a reply within 14 days of filing of
plaintiffs’ response. Thereupon, the clerk is DIRECTED to resubmit the motion to dismiss (DE 22)
for decision by the court.
SO ORDERED, this the 25th day of January, 2019.
_____________________________
LOUISE W. FLANAGAN
United States District Judge