Mullinax v. Advance Auto Parts, Inc. et al

Filing 452

ORDER that the Plaintiffs claims against the Defendants Covil Corporation; Daniel International Corporation, formerly known as Daniel Construction Company, Inc.; Flowserve US Inc, individually and as successor to Byron Jackson Pump Company; Fluor Constructors International, formerly known as Fluor Corporation; Fluor Constructors International, Inc.; Fluor Enterprises, Inc.; and Union Carbide Corporation are hereby DISMISSED WITHOUT PREJUDICE. This case remains stayed with respect to the Plaintiffs claims against the Defendant Georgia-Pacific, LLC. [See Doc. 246] Signed by District Judge Martin Reidinger on 3/4/2019. (kby)

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

ROBERT A. MULLINAX, Individually, )
as Executor of the Estate of Jack
)
Junior Waugh, Deceased,
)
)
Plaintiff,
)
)
vs.
)
)
ADVANCE AUTO PARTS, INC., et al., )
)
Defendants.
)
_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On November 18, 2018, a mediation report was filed in this case
advising that the Plaintiff had reached settlement agreements with, inter alia,
Defendants Daniel International Corporation, Flowserve US Inc., Fluor
Constructors International, Fluro Constructors International, Inc., Fluor
Daniel Services Corporation, Fluor Enterprises, Inc., and Union Carbide
Corporation, leaving Covil Corporation as the sole remaining Defendant for
trial. [Doc. 374]. The parties were advised that an agreement for entry of
judgment or a stipulation of dismissal had to be filed within 30 days or the
case would be dismissed without prejudice. [Docket Entry dated Nov. 30,
2018].

On December 18, 2018, the Plaintiff and Covil Corporation reported to
the Court that they had reached a settlement. The parties were advised that
an agreement for entry of judgment or a stipulation of dismissal had to be
filed within 45 days or the case would be dismissed without prejudice.
[Docket Entry dated Dec. 18, 2018]. On January 29, 2019, the Plaintiff and
Covil sought an extension of time of 30 days to file a stipulation of dismissal
[Doc. 450], which the Court granted the same day [Text-Only Order dated
Jan. 29, 2019]. More than 30 days have now passed, however, and the
parties have not filed an agreement for entry of judgment or a stipulation with
respect to any of these Defendants. Accordingly, the Court will dismiss the
Plaintiff’s claims against the above-referenced Defendants without prejudice.
IT IS, THEREFORE, ORDERED that the Plaintiff’s claims against the
Defendants Covil Corporation; Daniel International Corporation, formerly
known as Daniel Construction Company, Inc.; Flowserve US Inc, individually
and as successor to Byron Jackson Pump Company; Fluor Constructors
International, formerly known as Fluor Corporation; Fluor Constructors
International, Inc.; Fluor Enterprises, Inc.; and Union Carbide Corporation
are hereby DISMISSED WITHOUT PREJUDICE.
This case remains stayed with respect to the Plaintiff’s claims against
the Defendant Georgia-Pacific, LLC [See Doc. 246].
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IT IS SO ORDERED.
Signed: March 4, 2019

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