Gallo et al v. Unimin Corporation et al

Filing 35

ORDER that Counsel recently informed the Court Defts and Pltf Thomas A. Gallo had reached a settlement of claims asserted by the parties in this action, and the parties would be filing a stipulation of dismissal as to those cl aims. Because filing of a stipulation of dismissal would render the pending 29 Motion to Compel moot, the Court STAYS the deadline for filing any additional briefs related to the 29 Motion to Compel. Moreover, the Court will not rule on the motio n. If the parties are unable to finalize the settlement within 30 days of entry of this Order, the Court DIRECTS the parties to notify the Court that no stipulation of dismissal will be forthcoming, and the Court will enter an order setting new deadlines for the filing of any additional briefing on the 29 MOTION to Compel. Signed by Magistrate Judge Dennis Howell on 4/15/16. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv94
THOMAS A. GALLO and
I-MINERALS USA, INC.,
Plaintiff,
v.
UNIMIN CORPORATION, et al.,
Defendants.
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ORDER

Pending before the Court is the Motion to Compel [# 29]. Plaintiff Thomas
A. Gallo moves to compel Defendants to fully answer his discovery requests.
Counsel, however, recently informed the Court that Defendants and Plaintiff
Thomas A. Gallo had reached a settlement of the claims asserted by the parties in
this action, and that the parties would be filing a stipulation of dismissal as to those
claims. Because the filing of a stipulation of dismissal would render the pending
Motion to Compel moot, the Court STAYS the deadline for filing any additional
briefs related to the Motion to Compel. Moreover, the Court will not rule on the
motion. If the parties are unable to finalize the settlement within thirty (30) days
of the entry of this Order, the Court DIRECTS the parties to notify the Court that
no stipulation of dismissal will be forthcoming, and the Court will enter an order

setting new deadlines for the filing of any additional briefing on the Motion to
Compel.
Signed: April 15, 2016