RES-NC Settlers Edge, LLC et al vs Settlers Edge Holding Company, LLC et al

Filing 18

ORDER on or before 30 days from entry of this Order, Pltf. shall file response advising the Court of its intention to further prosecute this matter. ( Responses due by 11/17/2010). Signed by District Judge Martin Reidinger on 10/18/10. (nll)

- DLH RES-NC Settlers Edge, LLC et al vs Settlers Edge Holding Company, LLC et al

Do c. 18

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION C IV IL CASE NO. 1:10cv173

R E S -N C SETTLERS EDGE, LLC, a Florida limited liability company, P l a i n t if f , vs . S E TTL E R S EDGE HOLDING C O M P AN Y , LLC, a North Carolina lim ite d liability company, et. al., D e fe n d a n ts .

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ORDER

TH IS MATTER is before the Court sua sponte to ascertain the status of th e case. A ffid a vits of service filed by the Plaintiff show that the Defendants have b e e n served but have failed to appear. [Docs. 4 through 13]. The Plaintiff, h o we ve r, has not moved for entry of default. In addition, through communication from the chambers of the u n d e rs ig n e d , Plaintiff's counsel was instructed that a Carden 1 response would
A limited liability company is a citizen of all states in which its constituent members are citizens. Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990).
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b e required prior to entry of default judgment. No such response has been p la c e d in the record. IT IS, THEREFORE, ORDERED that on or before thirty (30) days from e n try of this Order, the Plaintiff shall file response advising the Court of its in te n tio n to further prosecute this matter. In the event that the Plaintiff does s o intend, the Plaintiff shall within the same time period file response d is c lo s in g the names and citizenships, if any, of all the constituent members o r partners of each of the limited liability companies named as parties herein, a n d , for any such constituent members or partners that are limited liability c o m p a n ie s or partnerships, to identify the citizenships of the respective c o n s titu e n t members or partners until all such constituents are fully identified.

Signed: October 18, 2010

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