Federal Insurance Company v. Omega Flex, Inc. et al

Filing 30

ORDER denying without prejudice 27 Motion to Dismiss. Signed by Magistrate Judge Dennis Howell on 3/11/2014. (tmg)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13 CV 276

FEDERAL INSURANCE COMPANY,

)
)
Plaintiff
)
)
v
)
)
OMEGA FLEX, INC., RB’S GAS, INC.,
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McNUTT SERVICES GROUP, INC., S. FOX )
ELECTRIC, LLC and RIVER CANE
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BUILDERS, LLC,
)
)
Defendants.
)

ORDER

THIS MATTER has come before the undersigned pursuant to a 12(b)(5)
Motion To Dismiss Plaintiff’s Complaint (#27) filed by Defendant RB’s Gas, Inc.
It appears from an examination of the motion that the motion has been filed in
violation of the Local Rules governing civil cases.
LCvR 7.1(C) provides as follows:
(C) Requirement of Briefs.
Briefs shall be filed
contemporaneously with the motion, except no brief is required in
support of timely motions for extension of time, continuances,
admission pro hac vice, or early discovery.
The motion filed by RB’s Gas, Inc. is not supported by a brief as required by
LCvR 7.1(C) and as a result, the motion will be denied without prejudice.

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ORDER
IT IS, THEREFORE, ORDERED that the 12(B)(5) Motion To Dismiss
Plaintiff’s Complaint (#27) is DENIED without prejudice.
Signed: March 11, 2014

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