Small et al v. Andy Frain Services, Inc. et al

Filing 15

ORDER denying with leave to renew the 10 Motion to Dismiss and 12 Motion to Change Venue. See Order for further details. Signed by Magistrate Judge Dennis Howell on 9/1/2016. (kby)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:16cv244 JOHN SMALL AND ELVA SMALL, Plaintiffs, v. ANDY FRAIN SERVICES, INC. AND DALLAS COWBOYS FOOTBALL CLUB, LTD., Defendants. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Pending before the Court are the Motion to Dismiss [# 10] and Motion to Change Venue [# 12]. Counsel notified the Court that the parties have reached a settlement agreement in this case, and the District Court provided the parties a deadline for filing a stipulation of dismissal. Accordingly, the Court DENIES with leave to renew the pending Motion to Dismiss [# 10] and Motion to Change Venue [# 12]. If the parties fail to finalize the settlement of this matter and file a stipulation of dismissal within the required time, the parties may renew their Motion to Dismiss and Motion to Change Venue, and the Court will issue a Memorandum and Recommendation to the District Court addressing the substance -1- of the motions. Signed: September 1, 2016 -2-

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