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

Filing 64

ORDER accepting 61 Magistrate Judge's Memorandum and Recommendations;denying 56 Plaintiff's Motion for Voluntary Dismissal. IT IS FURTHER ORDERED that Plaintiffs shall file within 45 days hereof a Notice ind icating that (1) an Arbitrator has been selected, (2) the name of the proposed Arbitrator, and (3) a proposed commencement date or schedule for Arbitration to begin. Should Plaintiffs fail timely to file such Notice, the Court will enter an order dismissing this action with prejudice. Signed by District Judge Martin Reidinger on 10/01/2013. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:10-cv-000155-MR-DCK

FRANZ E. KLOPFER, et al.,

)
)
Plaintiffs,
)
)
vs.
)
)
)
QUEENS GAP MOUNTAIN, LLC;
)
et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court for resolution of the Plaintiffs’
Motion for Voluntary Dismissal [Doc. 56] and the Plaintiffs’ Objections [Doc.
62] to the Magistrate Judge’s Memorandum and Recommendation [Doc.
61] regarding said motion.
The facts, legal issues, and causes of action asserted by the parties
in the present matter are substantially similar to those in the case of
Walker, et al. v. Queens Gap Mountain, LLC, et al., No. 1:10-cv-00290-MRDCK (W.D.N.C.), and the same attorneys appear on behalf of the parties in
both actions. Even though these cases have not been consolidated, the
decision of this Court in the Order previously entered in Walker addresses

and disposes of all of the legal issues raised by the motion currently before
the Court in this matter. The Order in Walker, therefore, is incorporated
herein, and the current motion will be disposed of in accord therewith.

ORDER
IT IS, THEREFORE ORDERED that the Plaintiffs’ Objections [Doc.
62]

are

REJECTED;

the

Magistrate

Judge’s

Memorandum

and

Recommendation [Doc. 61] is ACCEPTED; and the Plaintiffs’ Motion for
Voluntary Dismissal [Doc. 56] is DENIED.
IT IS FURTHER ORDERED that Plaintiffs shall file within 45 days
hereof a Notice indicating that (1) an Arbitrator has been selected, (2) the
name of the proposed Arbitrator, and (3) a proposed commencement date
or schedule for Arbitration to begin. Should Plaintiffs fail timely to file such
Notice, the Court will enter an order dismissing this action with prejudice.
IT IS SO ORDERED.
Signed: October 1, 2013

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