America's Living Centers-WNC, LLC v. Yarborough et al

Filing 20

ORDER that the parties shall file a stipulation of dismissal as to all settled claims within thirty (30) days of the entry of this Order re 19 Report of Mediation. Signed by District Judge Martin Reidinger on 04/24/2012. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv248

AMERICA'S LIVING CENTERS-WNC,
LLC,

)
)
)
Plaintiff,
)
)
vs.
)
)
HELEN CHRISTY YARBOROUGH,
)
et al.,
)
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court on the Report of the Mediator [Doc.
19].
The mediator advises that this case has been settled as to all parties,
with the exception of Defendant Helen Christy Yarborough. [Doc. 19]. The
Court will allow the parties thirty (30) days to file a stipulation of dismissal as
to these settled claims.
With respect to Defendant Yarborough, the Court notes that an entry of
default has been made against her with respect to the Plaintiff’s claims. [Doc.
16].

The Plaintiff, however, has not sought a default judgment against

Defendant Yarborough. The FDIC has moved for entry of default against
Defendant Yarborough with respect to its crossclaim [see Doc. 18], but it has

yet to submit a proposed order to the Clerk as requested.

Additionally,

Defendant Jarret has asserted a crossclaim against Defendant Yarborough
but has taken no steps to seek the entry of default against her on this
crossclaim. The Court will allow the parties an additional thirty (30) days to
file motions or take other appropriate action with respect to these claims or
risk their dismissal for failure to prosecute.
IT IS, THEREFORE, ORDERED that the parties shall file a stipulation
of dismissal as to all settled claims within thirty (30) days of the entry of this
Order.
IT IS FURTHER ORDERED that the Defendants who have asserted
crossclaims against Defendant Yarborough shall file motions or take other
appropriate action with respect to such claims within thirty (30) days of this
Order or risk dismissal of their claims for failure to prosecute.
IT IS SO ORDERED.
Signed: April 24, 2012

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