Moran v. Polk County, et al

Filing 68

ORDER that this matter is CONTINUED from the 3/8/2021 term and will be RESET for trial during the Court's 5/10/2021 term. The Plaintiff's 56 Consent MOTION to Approve Consent Judgment and Minor Settlement is DENIED WITHOUT PREJUDICE. (Jury Trial set for 5/10/2021 09:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger.) Signed by Chief Judge Martin Reidinger on 2/16/2021. (rhf)

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THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:18-cv-00300-MR-WCM LEAH MORAN, individually and as executrix for the Estate of Heather GRACE BOONE LEVITSKY, ) ) ) ) Plaintiff, ) ) vs. ) ) POLK COUNTY, et al., ) ) Defendants. ) _______________________________ ) ORDER THIS MATTER is before the Court sua sponte. This matter is currently scheduled for trial during the March 8, 2021 trial term. In August 2020, the parties advised the Court that they had reached a settlement of this matter. Because the beneficiaries of that settlement are minors, the parties’ settlement agreement requires court approval. Accordingly, the Plaintiff filed a consent motion seeking approval of the minor settlement. [See Doc. 56]. The Court held a hearing on the Plaintiff’s motion to approve the settlement agreement on December 8, 2020. At that time, the Court determined that additional issues must be addressed before the settlement Case 1:18-cv-00300-MR-WCM Document 68 Filed 02/17/21 Page 1 of 2 can be approved. Despite being contacted by the Court’s chambers on a number of occasions regarding the status of the case, the parties have not taken any further action with respect to the motion to approve the settlement. In light of the circumstances, the Court enters the following order. IT IS, THEREFORE, ORDERED that this matter is CONTINUED from the March 8, 2021 trial term and will be reset for trial during the Court’s May 10, 2021 term. IT IS FURTHER ORDERED that the Plaintiff’s Consent Motion to Approve Wrongful Death Settlement [Doc. 56] is DENIED WITHOUT PREJUDICE to refiling upon the resolution of the various issues identified by the Court at the December 8, 2020 hearing. IT IS SO ORDERED. Signed: February 16, 2021 2 Case 1:18-cv-00300-MR-WCM Document 68 Filed 02/17/21 Page 2 of 2

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