Relion Manufacturing, Inc. v. Tri-Pac, Inc.

Filing 14

ORDER that the Court finds that the 11 Order granting Pltf's Motion to Stay was improperly entered, therefore, the Court DISSOLVES the stay; the Court GRANTS Deft's 13 MOTION for Leave to File A Response to Relion's 9 Motion to Stay; and Pltf's Responses to Deft's 6 MOTION to Dismiss is due on or by 2/9/2018 plus an additional 3 days if served by mail. Signed by Magistrate Judge Dennis Howell on 2/01/2018. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 cv 282
RELION MANUFACTURING, INC.,

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Plaintiff,
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v.
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TRI-PAC, INC.,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Motion for Leave to File a Response [# 13].
On January 18, 2018, Plaintiff filed its Motion and Memorandum to Stay this case [#
9, # 10]. In paragraph 5 of the motion, Plaintiff represented that Defendant did not
oppose the motion. On January 19, 2018, the Court granted the motion and stayed
the case [# 11]. On January 24, 2018, Plaintiff filed a Notice of Correction [# 12]
stating that Plaintiff had mistakenly stated that Defendant did not oppose the motion
[# 12, ¶ 6]. On January 31, 2018, Defendant filed its Motion for Leave to File a
Response.
First, the Court finds that the Order Granting Plaintiff’s Motion to Stay [# 11]
was improperly entered. Therefore, the Court DISSOLVES the stay.
Second, the Court GRANTS this motion [# 13]. Defendant has leave to file a
reply to the motion to stay.

Third, because the stay is no longer in effect, the Court ORDERS that
Plaintiff’s response to the motion to dismiss is due on or by February 9, 2018.

Signed: February 1, 2018