United States of America For The Use and Benefit of Cook & Boardman, Inc. v. The Broadband Companies, LLC et al

Filing 17

IT IS, THEREFORE, ORDERED that the defendant North American Specialty Insurance Company's Motion for Extension of Time to Answer (#9) is ALLOWED and any such Answer or other responsive pleading filed on or before November 6, 2009, is deemed timely filed nunc pro tunc; That the defendant The Broadband Companies, LLC's Motion to Dismiss (#10) is DEEMED to be MOOT at this time and is administratively terminated without prejudice, Arbitration is, by agreement of the parties, COMPELLED, and the Motion to Stay Pending Arbitration (#10) is ALLOWED. This action is, hereby, STAYED, as to plaintiffs claims asserted against such defendant and the parties shall file with the court a notice within 60 days concerning the status of arbitration. The action is NOT STAYED as to plaintiffs claims against the remaining defendants. That the defendant The Broadband Companies, LLC's Motion for Extension of Time to Answer or Otherwise Respond to the Complaint (#12) is A LLOWED, and such defendant is GRANTED seven days from the lifting of the stay to so Answer or otherwise respond to the Complaint;and plaintiff's Motion for Entry of Default and Default Judgment (#7) is WITHDRAWN.Signed by Magistrate Judge Dennis Howell on 11/03/2009. (thh)

I N THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :0 9 cv 3 3 1 U N I T E D STATES OF AMERICA F O R THE USE AND BENEFIT OF C O O K & BOARDMAN, INC., P la in t if f, V s. T H E BROADBAND COMPANIES, L L C ; FRED ANTHONY; and NORTH A M E R IC A N SPECIALTY INSURANCE ) COM PANY, D efen d an ts. _______________________________ T H I S MATTER is before the court on (1 ) d e fe n d a n t North American Specialty Insurance Company's Motion for E x te n s io n of Time to Answer or Otherwise Plead (#9); (2 ) d e fe n d a n t The Broadband Companies, LLC's Motion to Dismiss or to S ta y Pending Arbitration and Brief in Support of Same (#10); (3 ) d e fe n d a n t The Broadband Companies, LLC's Motion for Extension of T im e to Answer or Otherwise Respond to the Complaint (#12); (4 ) (5) p la in tiff's Motion for Entry of Default and Default Judgment (#7) and p la in tif f' s Response to Motions (#15).
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ORDER

In its response, plaintiff states that it does not oppose defendant North American S p e cia lty Insurance Company's Motion for Extension of Time to Answer or O th e rw is e Plead (#9); that as to defendant The Broadband Companies, LLC's Motion to Dismiss or to Stay Pending Arbitration and Brief in Support of Same (#10), it does n o t oppose a stay of its claims against such defendant pending arbitration; and that it w ith d r a w s its Motion for Entry of Default and Default Judgment (#7). T h e court greatly appreciates the brevity and clarity expressed in the above m o tio n s and plaintiff's response. All counsel are to be commended on their excellent h a n d lin g of these matters. ORDER I T IS, THEREFORE, ORDERED that: (1 ) d e fe n d a n t North American Specialty Insurance Company's Motion for E x te n s io n of Time to Answer or Otherwise Plead (#9) is ALLOWED a n d any such Answer or other responsive pleading filed on or before N o v e m b e r 6, 2009, is deemed timely filed nunc pro tunc; (2 ) d e fe n d a n t The Broadband Companies, LLC's Motion to Dismiss (#10) is DEEMED to be MOOT at this time and is administratively te r m in a te d without prejudice, Arbitration is, by agreement of the parties, C O M P E L L E D , and the Motion to Stay Pending Arbitration (#10) is
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A L L O W E D . This action is, hereby, STAYED, as to plaintiff's claims a s s e r te d against such defendant and the parties shall file with the court a notice within 60 days concerning the status of arbitration. The action is NOT STAYED as to plaintiff's claims against the remaining d e f e n d a n ts ; (3 ) d e fe n d a n t The Broadband Companies, LLC's Motion for Extension of T im e to Answer or Otherwise Respond to the Complaint (#12) is A L L O W E D , and such defendant is GRANTED seven days from the liftin g of the stay to so Answer or otherwise respond to the Complaint; and (4 ) p la in tiff 's Motion for Entry of Default and Default Judgment (#7) is W I T H D R A W N , and the Clerk of this court is respectfully directed to te rm in a te such motion.

Signed: November 3, 2009

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