Abatemarco et al v. Legasus of North Carolina, LLC et al

Filing 78

ORDER that the parties shall file such motions or take other further action as may be necessary to address referenced matters contained in this order no later than 3/5/2012. Signed by District Judge Martin Reidinger on 2/6/2012. (Pro se litigant served by US Mail.)(pdf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv23

GERALD ABATEMARCO, et al.,

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Plaintiffs,
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vs.
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LEGASUS OF NORTH CAROLINA,
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LLC, et al.,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
After carefully reviewing the record, the Court has determined that the
following matters must be addressed by the parties 1 before issues may join
in this action:
(1)

Cross-Claims Against Legasus: On May 11, 2011, the Plaintiffs

filed a motion for an entry of default against Legasus of North Carolina, LLC
("Legasus"). [Doc. 33]. The Clerk granted the' motion and made an entry of
default against Legasus with respect to the Plaintiffs' claims on May 12, 2011.
[Doc. 34]. Although Defendants Synovus Bank ("Synovus"), Michael Wolf

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This Order applies to all parties in this action, with the exception of Defendant
Morlok as to whom this case is currently stayed [see Doc. 76].

("Wolf"), Theodore C. Morlok ("Morlok"), and Marilyn McCoy Woods
("Woods") have asserted Cross-Claims against Legasus [Docs. 27, 36, 66,
67], entry of default has not been sought with respect to any of these CrossClaims.
(2)

Claims and Cross-Claims Against Klorfein: Stephen R. Klorfein,

the personal representative of the Estate of Robert A. Corliss ("Klorfein"), has
been named as a Defendant in this action. [Doc. 1]. Additionally, Defendants
Synovus, Wolf, Morlok, and Woods have asserted Cross-Claims against him.
[Docs. 27, 36, 66, 67]. Although Klorfein apparently has been served with
process, he has never filed an Answer or otherwise appeared in this action.
(3)

Cross-Claims Against Pitts: Defendant James R. Pitts ("Pitts")

filed a pro se Answer to the Plaintiffs' Complaint on June 1, 2011. [Doc. 48].
Pitts, however, has never responded to the Cross-Claims filed by Synovus,
Wolf, Morlok, and Woods. [See Docs. 27, 36, 66, 67].
Accordingly, IT IS, THEREFORE, ORDERED that the parties shall file
such motions or take other further action as may be necessary to address the
above-referenced matters no later than March 5, 2012.

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IT IS SO ORDERED.

Signed: February 6, 2012

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