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
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?