Hyder v. Inova Diagnostics, Inc. et al

Filing 16

ORDER that the Show Cause Order 13 is hereby DISCHARGED. ORDER granting 14 Motion to Dismiss, and the Plaintiff's action against Defendant Russo is hereby DISMISSED WITHOUT PREJUDICE. The Clerk of Court is respectfully directed to administratively close this case. Signed by District Judge Martin Reidinger on 07/10/2013. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:13-cv-00018-MR-DLH

GERALD HYDER,

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Plaintiff,
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vs.
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INOVA DIAGNOSTICS, INC.,
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ROGER INGLES, and FRED
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RUSSO,
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Defendants.
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___________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion to Dismiss
Action Without Prejudice as to Defendant Fred Russo and Show Cause
Response [Doc. 14].
On June 17, 2013, the Court entered an Order staying this action as
to Defendants Inova Diagnostics (Inova) and Roger Ingles (Ingles) pending
the resolution of the parties’ arbitration and directing the Plaintiff to show
cause in writing for his failure to effect service on the Defendant Fred
Russo (Russo). [Doc. 13]. In response to this Order, the Plaintiff now
moves for the dismissal of Defendant Russo from this action without

prejudice. [Doc. 14]. Defendants Inova and Ingles do not object to the
Plaintiff’s Motion. [Doc. 15].
For the reasons stated in the Plaintiff’s Motion, and for cause shown,
IT IS, THEREFORE, ORDERED that the Show Cause Order [Doc.
13] is hereby DISCHARGED.
IT IS FURTHER ORDERED that the Plaintiff’s Motion to Dismiss
Action Without Prejudice as to Defendant Fred Russo and Show Cause
Response [Doc. 14] is GRANTED, and the Plaintiff’s action against
Defendant Russo is hereby DISMISSED WITHOUT PREJUDICE.
In light of the pending arbitration proceedings involving the remaining
parties, the Clerk of Court is respectfully directed to administratively close
this case.
IT IS SO ORDERED.

Signed: July 10, 2013

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