Al Hamra Trading Est. . v. Diamondback Tactical, LLLP et al

Filing 56

ORDER that within fourteen (14) days of this Order, the Plaintiff shall file an appropriate motion or otherwise take further action with respect to Defendant First Choice. Signed by District Judge Martin Reidinger on 10/1/2013. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00373-MR-DLH

AL HAMRA TRADING EST.,

)
)
Plaintiff,
)
)
vs.
)
)
DIAMONDBACK TACTICAL, LLLP;
)
D-BACK ACQUISITION CO.; FIRST
)
CHOICE ARMOR AND EQUIPMENT, )
INC.; KAREN HERMAN; and
)
DANIEL WALSH,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
The Plaintiff initiated this action on November 20, 2012. [Doc. 1]. All
of the Defendants have answered the Complaint with the exception of
Defendant First Choice Armor and Equipment, Inc. (“First Choice”). [See
Docs. 51, 52, 55]. An Affidavit of Service filed by the Plaintiff on April 5,
2013, indicates that First Choice was served with process on March 21,
2013.

[Doc. 32].

To date, however, First Choice has not made an

appearance or otherwise defended this action, and the Plaintiff appears to
have made no effort to prosecute the action further against this Defendant.

Accordingly, IT IS, THEREFORE, ORDERED that within fourteen
(14) days of this Order, the Plaintiff shall file an appropriate motion or
otherwise take further action with respect to Defendant First Choice. The
Plaintiff is advised that failure to take further action against First Choice will
result in the dismissal of this Defendant.
IT IS SO ORDERED.

Signed: October 1, 2013

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