Alvarez et al v. Wells Fargo Bank, N.A.

Filing 22

ORDER that within ten (10) days of the entry of this Order, Plaintiffs Morard and Whitmer shall SHOW CAUSE in writing why the present civil action, No. 1:11cv306, should not be dismissed so that the Plaintiffs can prosecute their claims in Civil Action Nos. 1:12cv212 and 1:12cv213, respectively. Signed by District Judge Martin Reidinger on 8/17/12. (nll)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv306

MELISSA ALVAREZ, et al.,
Plaintiffs,
vs.
WELLS FARGO BANK, N.A.,
Defendant.

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ORDER

THIS MATTER is before the Court sua sponte.
On June 6, 2012, the Court entered an Order severing the claims of the
Plaintiffs in this matter and giving the Plaintiffs thirty (30) days to refile their
severed claims as individual cases or to seek dismissal of their claims. [Doc.
16]. Upon motion of the Plaintiffs, the Court later extended the deadline for
taking such action until August 6, 2012. [Doc. 19].
In accordance with the Court’s Order, on August 6, 2012, Plaintiffs Linda
Morard, Oliver Morard, David Whitmer, Sr., and Patricia Whitmer refiled their
claims as individual civil actions. See Morard, et al. v. Wells Fargo Bank,
N.A., No. 1:12cv212 (W.D.N.C.) and W hitmer, et al. v. Wells Fargo Bank,
N.A., No. 1:12cv213 (W.D.N.C.). However, these Plaintiffs’ claims remaining
pending in the present civil action as well.

Accordingly, IT IS, THEREFORE, ORDERED that within ten (10) days
of the entry of this Order, Plaintiffs Morard and Whitmer shall SHOW CAUSE
in writing why the present civil action, No. 1:11cv306, should not be dismissed
so that the Plaintiffs can prosecute their claims in Civil Action Nos. 1:12cv212
and 1:12cv213, respectively.
IT IS SO ORDERED.

Signed: August 17, 2012

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