Kotsias v. CMC II, LLC et al

Filing 52

ORDER STAYING 37 Motion to Compel as to Defendant ESIS. The motion will go forward as to the remaining Defendants. Signed by Magistrate Judge Dennis Howell on 9/30/2016. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv242
RITA KOTSIAS,
Plaintiff,
v.
CMC II, LLC, et al.,
Defendants.
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ORDER

Pending before the Court is the Motion to Compel [# 37]. On September 29,
2016, the Court entered a Memorandum and Recommendation recommending that
the District Court grant the Motion to Dismiss filed by Defendant ESIS and
dismiss all claims asserted against Defendant ESIS. Because it is the opinion of
this Court that the claims against Defendant ESIS should be dismissed, the Court
STAYS the Motion to Compel [# 37] as to Defendant ESIS. The motion will go
forward as to the remaining Defendants.
If the District Court adopts the Memorandum and Recommendation of the
Court, then the Motion to Compel as to Defendant ESIS will be moot. If, however,
the District Court rejects the Memorandum and Recommendation and allows the
claims asserted against Defendant ESIS to go forward, then the Court will at that
time resolve the Motion to Compel as to Defendant ESIS. Finally, the Court

leaves it to the discretion of counsel for Defendant ESIS whether counsel attends
the discovery hearing on October 5, 2016. The Court will not address any
discovery issues related to Defendant ESIS at the hearing, and counsel is not
required to attend the hearing.

Signed: September 30, 2016