Bronco Construction, Inc. v. Schotten Fenster LLC et al

Filing 22

ORDER that the Court declines to enter a Pretrial Order and Case Management Plan in this matter pending the resolution by the District Court of 15 Motion to Stay Proceedings and Compel Arbitration filed by Defendants Schotten Fenster LLC and Vinny Curran. Signed by Magistrate Judge Dennis Howell on 12/5/14. (khm)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14 CV 250

BRONCO CONSTRUCTION, INC.,

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Plaintiff
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v
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SCHOTTEN FENSTER LLC, VINNY
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CURRAN, HOLLIS ARCHITECTURAL
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PRODUCTS, L.L.C., and FRAZIER HOLLIS, )
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Defendants.
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ORDER

THIS MATTER is before the undersigned pursuant to a Certification and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#21).

In the

certification, the Plaintiff and the Defendant Hollis Architectural Products, L.L.C.
and Frazier Hollis requests that the Court enter a Pretrial Order and Case
Management Plan. The certification sets forth that Defendants Schotten Fenster
LLC and Vinny Curran did not participate in the conference regarding the
preparation of the Certification and Report because of a pending Motion to Stay
Proceedings and Compel Arbitration (#15) filed by the Defendants Schotten
Fenster LLC and Vinny Curran. The undersigned has consulted with the District
Court and has determined that due to the pending Motion to Stay Proceedings and
Compel Arbitration filed by Defendants Schotten Fenster LLC and Vinny Curran,
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the Pretrial Order and Case Management Plan should not be entered until the
District Court has ruled upon the Motion to Stay Proceedings and Compel
Arbitration. As a result, the undersigned will not enter a Pretrial Order and Case
Management Plan pending the District Court’s resolution of the Motion to Stay
Proceedings and Compel Arbitration.
ORDER
IT IS, THEREFORE, ORDERED that the Court declines to enter a
Pretrial Order and Case Management Plan in this matter pending the resolution by
the District Court of the Motion to Stay Proceedings and Compel Arbitration (#15)
filed by Defendants Schotten Fenster LLC and Vinny Curran. After the District
Court has ruled upon the motion, whatever defendants that are involved in the
litigation, shall file an amended Certification and Report within fourteen (14) days
of the District Court’s ruling on the Motion to Stay Proceedings and Compel
Arbitration.

Signed: December 5, 2014

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