High Gear USA, Inc. v. Morgan

Filing 9

ORDER re 3 MOTION to Dismiss or in the Alternative, for Change of Venue - ORDERED that counsel for the respective parties report on the status of this action, as well as the reason for letting such deadline pass, not later than the close of business on Friday, October 16, 2009. Failure to do so will result in a recommendation that the pending motion be summarily dismissed as abandoned. Signed by Magistrate Judge Dennis Howell on October 13, 2009. (jhg)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:09cv324 HIGH GEAR USA, INC., Plaintiff, Vs. TIMOTHY MORGAN; and INTERNATIONAL SOURCING GROUP, LTD., Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER is before the court on the defendants' Motion to Dismiss, or in the Alternative, for Change of Venue (#3). On September 23, 2009, the parties filed a joint Motion for Extension of Time to File a Reply to such motion, stating that the parties were engaged in productive settlement discussions. The court allowed the proposed extension to October 9, 2009; however, no reply was filed and no effort was made to communicate that settlement had been reached, that an impasse had been reached, or that additional time was needed to reply. Counsel for the respective parties are advised that the court pays close attention to pending motions and deadlines and expects the same from counsel.

-1-

ORDER IT IS, THEREFORE, ORDERED that counsel for the respective parties report on the status of this action, as well as the reason for letting such deadline pass, not later than the close of business on Friday, October 16, 2009. Failure to do so will result in a recommendation that the pending motion be summarily dismissed as abandoned.

Signed: October 13, 2009

-2-