Starnes, et al v. A.O. Smith Corporation, et al

Filing 285

ORDERED that the Plaintiffs, on or before September 6, 2013 shall advise the Court as to whether or not service has been obtained on the defendants named above. See order for further details. Signed by Magistrate Judge Dennis Howell on 8/16/13. (khm)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12 CV 360

RALPH O’NEIL STARNES and BETTY
STARNES, spouse,

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Plaintiffs
v
A.O. SMITH CORPORATION, et al,
Defendants

ORDER

THIS MATTER has come before the undersigned based upon a review of
the filings in this matter and further based upon a Certification and Report of
F.R.C.P. 26(f) Conference and Discovery Plan (#283). A review of the pleadings
in this matter shows that the following defendants have not filed an Answer or
responsive pleading to the Plaintiffs’ Amended Complaint:
Converse, Inc.
Flowserve Corporation
Flowserve US, Inc.
IMO Industries, Inc.
Sears, Roebuck and Co.
A further review shows that various defendants have been voluntarily
dismissed, but are still reflected as defendants in the caption in this matter. The
undersigned will order that the Plaintiffs advise the Court as to whether or not
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service has been obtained on the defendants named above and if so, the Plaintiffs
shall further respond as to why they have not filed motions for entry of default
against those defendants.

The Plaintiffs will further be required to file an

amended caption showing all active parties-defendant in this matter.
ORDER
IT IS, THEREFORE, ORDERED the Plaintiffs, on or before September
6, 2013 shall advise the Court as to whether or not service has been obtained on
the defendants named above. The Plaintiffs shall further respond as to why they
have not filed motions for entry of default against those defendants and it is
further ORDERED that the Plaintiffs file an amended caption showing all active
parties-defendant in this matter.
Signed: August 16, 2013

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