Asheville Downtown Holdings, LTD v. TD Bank, N.A. et al

Filing 28

ORDER Pltf shall have until 10/16/13 to file a motion to remand and supporting legal brief, Defts shall have 10 days to file a single response & Pltf shall have 7 days to file a reply brief; and the Court GRANTS 27 Motion to Stay this case pending a ruling on the motion to remand. Signed by Magistrate Judge Dennis Howell on 10/2/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv135
ASHEVILLE DOWNTOWN
HOLDINGS, LTD,

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Plaintiff,
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v.
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TD BANK, N.A., J.W. DAVIS,
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Defendants.
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___________________________________ )

ORDER

Pending before the Court is the Consent Motion to Stay [# 27]. Upon a
review of the parties’ consent motion and the record in this case, the Court
DIRECTS the parties as follows:
(1)

Plaintiff shall have until October 16, 2013, to file a motion to remand

and supporting legal brief. The brief should not exceed fifteen (15) pages.
Defendants shall have ten (10) days to file a single response. Defendants’ response
brief should not exceed fifteen (15) pages. Plaintiff shall have seven (7) days to
file a reply brief that shall not exceed ten (10) pages. No extensions of these
deadlines or pages limits shall be granted by the Court.
(2)

The Court GRANTS the motion [# 27] and STAYS this case pending

a ruling on the motion to remand. If Plaintiff fails to file a motion to remand by
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October 16, 2013, the stay of this matter shall be automatically lifted and the case
will proceed in this Court.
(3)

Defendants shall have ten (10) days from the lifting of the stay or

from the entry of an order denying any motion to remand to answer or otherwise
response to the First Amended Complaint.

No extension of this deadline shall be

granted.

Signed: October 2, 2013

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