The Hammocks LLC v. Harleysville Mutual Insurance Company

Filing 8

ORDER on or before 15 days from entry of this Order, Pltf shall file in record of this action a copy of complaint filed in Adversary Proceeding No. 09-01035, now withdrawn from Bankruptcy Court; on or before 15 days from such filing, Deft may file answer or other response to the complaint; Clerk of Court shall show this matter referred to Mag. Judge as a new civil action. Signed by District Judge Martin Reidinger on 10/22/10. (ejb)

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- D L H The Hammocks LLC v. Harleysville Mutual Insurance Company Doc. 8 IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION C IV IL CASE NO. 1:10cv22 TH E HAMMOCKS, LLC, d /b /a Richmond Hill Inn, P l a i n t if f , vs . H A R L E Y S V IL L E MUTUAL IN S U R AN C E COMPANY, D e fen d a n t. ) ) ) ) ) ) ) ) ) ) ) ) ORDER TH IS MATTER is before the Court sua sponte. B y Memorandum of Decision and Order filed on September 28, 2010, th e Court ruled that the reference of this matter to the United States B a n k ru p tc y Court for the Western District of North Carolina is withdrawn. [Doc. 5 ]. The Court also ruled that all time periods within which to file answer or o th e r response were stayed. [Id.]. The parties have dismissed the companion c a s e of Harleysville Mutual Insurance Company v. Richmond Hill, Inc., Civil C a s e No. 1:09cv377. As a result, no consolidation of the two cases is n e c e s s a ry and this case may proceed. Dockets.Justia.com IT IS, THEREFORE, ORDERED that on or before fifteen (15) days from e n try of this Order, the Plaintiff shall file in the record of this action a copy of th e complaint filed in the adversary proceeding, Adversary Proceeding No. 090 1 0 3 5 , now withdrawn from Bankruptcy Court. IT IS FURTHER ORDERED that on or before fifteen (15) days from such filin g , the Defendant may file answer or other response to the complaint. IT IS FURTHER ORDERED that the Clerk of Court shall show this matter re fe rre d to the Magistrate Judge as a new civil action. Signed: October 22, 2010

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