National Alliance for Accessibility, Inc. et al v. Asheville L.L.C.

Filing 17

ORDER the Court STRIKES as untimely the 15 Amended Complaint. (SEE ORDER FOR DETAILS) Signed by Magistrate Judge Dennis Howell on 8/27/12. (ejb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:12cv115 NATIONAL ALLIANCE FOR ACCESSIBILITY, INC., a Florida ) Non-Profit Corporation; and ) DENISE PAYNE, individually, Plaintiffs, v. ) ) ) ) ) ORDER ) ASHEVILLE, LLC, Defendant. ________________________________ ) ) ) ) ) Previously, the Court granted Plaintiffs’ Motion for Leave to File Amended Complaint [# 10]. The Court granted Plaintiffs until August 22, 2012, to file their Amended Complaint. (Order, Aug. 16, 2012.) Plaintiffs failed to comply with the Court’s Order and file a timely Amended Complaint. Instead, Plaintiffs waited until August 24, 2012, to file their Complaint. Plaintiffs did not request an extension of time or set forth any reason why they failed to comply with the Court’s August 16, 2012, Order. Accordingly, the Court STRIKES as untimely the Amended Complaint [# 15]. The Complaint [# 1] remains the operative pleading in this case. Signed: August 27, 2012

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