Combs v. Heebner

Filing 19

ORDER that the 17 Consent MOTION for Extension of Time to File Dismissal and Notice of Settlement is held in ABEYANCE. It is Ordered that Dft's counsel shall provide to the Court detailed and particular information as to the reasons why an extension of 90 days would be merited. Signed by Magistrate Judge Dennis Howell on 3/30/2017. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 324

JOHN ALEXANDER COMBS,

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Plaintiff,
v
RICHARD M. HEEBNER,
Defendant.

ORDER

THIS MATTER is before the undersigned pursuant to a Notice of Settlement
and Consent Motion to Extend Dismissal Timeframe (#17).

In the motion,

Defendant requests that Defendant be given ninety (90) days within which to
“preform certain actions” which will result in the filing of a formal dismissal. The
standard time that is granted for the filing of a stipulation of dismissal is thirty (30)
days. In the motion, Defendant does not set forth the reason for the request of ninety
days.
The undersigned has examined the file in this matter and finds that the nature
of the action is a personal injury action in which Plaintiff has brought an action
against Defendant for negligence arising out of a motorcycle accident as is described
in Plaintiff’s Complaint wherein it is alleged that Defendant, who was operating a
motorcycle, hit the Plaintiff, who was operating a motorcycle, in the rear while the
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Plaintiff’s motorcycle was sitting in a proper lane waiting for oncoming traffic to
pass. The motion does not state reasons why a ninety-day period of time would be
required to effect the settlement of this case. The undersigned has consulted with
the District Court regarding the Defendant’s motion and as a result of such
consultation, will enter an Order requiring that Defendant’s counsel set forth a
detailed and particular set of facts which would merit an extension of the settlement
of this matter for a period of ninety days.
ORDER
IT IS, THEREFORE, ORDERED that the ruling of the Court on the Notice
of Settlement and Consent Motion to Extend Dismissal Timeframe (#17) is held in
ABAYENCE. It is ORDERED that Defendant’s counsel shall provide to the Court
detailed and particular information as to the reasons why an extension of ninety days
would be merited in this matter.

Signed: March 30, 2017

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