Hill v. Wells Fargo And Company, et al

Filing 9

ORDER that the trial in this matter shall be before the court and without a jury. Signed by Magistrate Judge Dennis Howell on 12/6/11. (ejb) Modified text on 12/6/2011 (ejb).

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11 CV 113 HEATHER GOLDING HILL, ) ) Plaintiff ) ) v ) ) WELLS FARGO AND COMPANY, as ) successor to WACHOVIA CORPORATION ) and WACHOVIA MORTGAGE ) COMPANY, and LIBERTY LIFE ) ASSURANCE COMPANY OF BOSTON, ) as administrator of the Wachovia ) Corporation Long Term Disability Plan, and ) THE WACHOVIA CORPORATION LONG ) TERM DISABILITY PLAN, ) ) Defendants ) ORDER THIS MATTER is before the court upon a review of the file in this matter. In the scheduling order (#7) that was filed in this matter on July 15, 2011, the court ordered that plaintiff brief the issue of why plaintiff is of the opinion that she is entitled to a jury trial in this matter and such brief was to be filed by August 1, 2011. Plaintiff did not file a brief as directed by the court which indicates to the court that plaintiff and her counsel are no longer contending that plaintiff is entitled to a jury trial. ORDER IT IS, THEREFORE, ORDERED that the trial in this matter shall be before the court and without a jury. Signed: December 6, 2011 2

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