Lineberger et al v. CBS Corporation et al

Filing 150

ORDER dismissing without prejudice 149 Motion to Stay. Plaintiffs' counsel is DIRECTED to refile the motion stating if the parties have conferred and stating opposing counsel's position(s). Contemporaneously and separately from the motion, Plaintiffs'counsel must file a brief. Signed by Magistrate Judge Dennis Howell on 01/03/18. (emw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:16 cv 390 TOMMY WILLIAM LINEBERGER, and MARCELLA WILSON LINEBERGER, ) ) ) ) Plaintiffs, ) ) v. ) ) CBS CORPORATION, et al., ) ) Defendants. ) ___________________________________ ) ORDER Pending before the Court is the Motion to Stay [# 149]. While labeled a “Consent Motion to Stay Proceedings,” Plaintiffs’ counsel has not shown that consultation with defendants has occurred. See LCvR 7.1(b). Further, Plaintiffs’ counsel has not filed a brief as required by LCvR 7.1(c). Therefore, the Court DISMISSES the motion without prejudice [# 149]. Plaintiffs’ counsel is DIRECTED to refile the motion—stating if the parties have conferred and stating opposing counsel’s position(s). Contemporaneously and separately from the motion, Plaintiffs’ counsel must file a brief. Signed: January 3, 2018

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