Mullinax v. Advance Auto Parts, Inc. et al

Filing 132

ORDER that within 14 days of the entry of this Order, the Plaintiff shall file an appropriate motion or otherwise take further action with respect to the Defendants LG Electronics U.S.A., Inc. and RT Vanderbilt Holding Company, Inc., sued individually and as successor in interest to R.T. Vanderbilt Company, Inc. Failure to take further action within the time required will result in the dismissal of these Defendants. Signed by District Judge Martin Reidinger on 12/30/2016. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00310-MR-DLH

JACK JUNIOR WAUGH,

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Plaintiff,
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vs.
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ADVANCE AUTO PARTS, INC., et al., )
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Defendants.
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________________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On September 19, 2016, the Plaintiff filed this action against multiple
Defendants, including the Defendants LG Electronics U.S.A., Inc. (“LG
Electronics”) and RT Vanderbilt Holding Company, Inc., sued individually
and as successor in interest to R.T. Vanderbilt Company, Inc. (“RT
Vanderbilt”). [Doc. 1]. The Plaintiff has filed executed summonses indicating
that LG Electronics was served on September 29, 2016, and that RT
Vanderbilt was served on October 18, 2016. [Docs. 11, 111]. To date,
however, these Defendants have not made an appearance or otherwise
defended this action, and the Plaintiff appears to have made no effort to
prosecute its action against these Defendants.

The Court will allow the Plaintiff fourteen (14) days to file an appropriate
motion or otherwise take further action with respect to these Defendants.
The Plaintiff is advised that failure to take further action within the time
required will result in the dismissal of its claims against these Defendants.
IT IS, THEREFORE, ORDERED that within fourteen (14) days of the
entry of this Order, the Plaintiff shall file an appropriate motion or otherwise
take further action with respect to the Defendants LG Electronics U.S.A., Inc.
and RT Vanderbilt Holding Company, Inc., sued individually and as
successor in interest to R.T. Vanderbilt Company, Inc. The Plaintiff is
advised that failure to take further action within the time required will
result in the dismissal of these Defendants.
IT IS SO ORDERED.
Signed: December 30, 2016

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