Safeco Insurance Company of America v. Temp-Vent Corporation

Filing 15

ORDER granting 14 Joint Motion to Vacate the Court's December 22, 2015 Pretrial Order and Case Management Plan. The Pretrial Order and Case Management Plan (#8) previously entered in this matter is ordered to be null and of no force and effect. Signed by Magistrate Judge Dennis Howell on 02/03/16. (emw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15 CV 221

SAFECO INSURANCE COMPANY
OF AMERICA, as subrogee of Lenore
Barnett,

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Plaintiff
v
AIR VENT, INC., REGAL BELOIT
CORPORATION and REGAL BELOIT
AMERICA, INC. f/k/a MARATHON
ELECTRIC MANUFACTURING
CORPORATION,
Defendants.

ORDER

THIS MATTER has come before the undersigned pursuant to a Joint Motion
to Vacate the Court’s December 22, 2015 Pretrial Order and Case Management Plan
(#14) filed by the Plaintiff and Defendant Air Vent, Inc. It appears to the Court from
the motion and the records in this cause that the Plaintiff has, with the consent of
Defendant Air Vent, Inc., filed an Amended Complaint and added additional
defendants Regal Beloit Corporation and Regal Beloit America, Inc. The parties
contend that the Court should vacate or strike the Pretrial Order and Case
Management Plan (#8) entered in this matter because the adding of new defendants

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will require additional time to file answer to the Plaintiff’s Amended Complaint and
to present their contentions concerning a proposed scheduling order.
It appears to the Court that good cause has been shown for the granting of the
motion and the motion will be allowed.
ORDER
IT IS, THEREFORE, ORDERED that the Joint Motion to Vacate the
Court’s December 22, 2015 Pretrial Order and Case Management Plan (#14) is
ALLOWED and the Pretrial Order and Case Management Plan (#8) previously
entered in this matter is ordered to be null and of no force and effect. The parties
are directed to present their contentions concerning a new Pretrial Order and Case
Management Plan after the appearance of the additional defendants and as provided
by the Local Rules of Civil Procedure.

Signed: February 3, 2016

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