Klopfer et al v. Queens Gap Mountain, LLC et al

Filing 55

ORDER denying 53 Pltfs' Motion to Allow Discovery. Signed by Magistrate Judge David Keesler on 12/6/11. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION NO. 1:10-CV-155-MR-DCK
FRANK E. KLOPFER, KATHY M. KLOPFER, )
DUSTIN P. SWARTZ, and KRISTIN H.
)
SWARTZ,
)
)
Plaintiffs,
)
)
v.
)
)
DEVINSHIRE LAND DEVELOPMENT, LLC, )
QUEENS GAP MOUNTAIN, LLC, QUEENS )
GAP ACQUISITION, LLC, COVE CREEK,
)
LLC, KEITH A. VINSON, QUEENS GAP
)
HOLDING COMPANY, LLC, DEVIN P.
)
McCARTHY, RYAN P. McCARTHY, and
)
D.F. McCARTHY XVIII, LLC,
)
)
Defendants.
)
________________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiffs’ Motion To Allow Discovery”
(Document No. 53) filed December 5, 2011. This matter has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having
carefully considered the motion, the record, and applicable authority, the undersigned will deny the
motion.
On September 15, 2011, the Court entered a “Memorandum Of Decision And Order”
(Document No. 52) granting Defendants’ motions to compel arbitration and stay proceedings
(Document Nos. 24 and 29). Plaintiffs’ pending motion requests that they be allowed to conduct
discovery prior to arbitration. The undersigned does not find good cause to lift the stay and to allow
discovery in this action; rather, any necessary discovery may be conducted as part of the arbitration
process.

IT IS, THEREFORE, ORDERED that “Plaintiffs’ Motion To Allow Discovery”
(Document No. 53) is DENIED.
Signed: December 6, 2011

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