Hugler v. Serenity Heart Family Care Home, LLC

Filing 4

ORDER granting 3 Motion to Cancel Hearing scheduled for 4/13/2017; and dismissing Petitioner's 1 Petition to Enforce Administrative Subpoena Duces Tecum with prejudice at the request of the Petitioner. Signed by Magistrate Judge Dennis Howell on 4/13/17. (ejb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:17 mc 19 EDWARD C. HUGLER, ACTING SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, ) ) ) ) ) ) ) ) ) ) ) ) ) Petitioner v SERENITY HEART FAMILY CARE HOME, LLC d/b/a SERENITY HEART FAMILY CARE HOME, Respondent. ORDER THIS MATTER came before the undersigned upon a Motion to Cancel Hearing (#3) filed by Petitioner. In the motion, the Petitioner requests, not only that the hearing scheduled for April 13, 2017 be canceled, but also requests that the Petition itself be dismissed without prejudice. Based upon the small amount of information provided by the Petitioner, the undersigned will allow the Motion to Cancel Hearing and the included motion to dismiss. ORDER IT IS, THEREFORE, ORDERED that the Motion to Cancel Hearing (#3) is ALLOWED and the hearing scheduled for April 13, 2017 is hereby canceled. It 1 is further ORDERED that the Petition filed by the Petitioner is hereby dismissed with prejudice at the request of the Petitioner. Signed: April 13, 2017 2

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