Moran v. Polk County, et al

Filing 69

ORDER that the Plaintiff shall have thirty 30 days from the entry of this Order to refile a properly supported motion seeking approval of the minor settlement. Failure to do so within the time required may result in the dismissal of this action for failure to prosecute. (Motions due by 5/1/2021.) Signed by Chief Judge Martin Reidinger on 4/1/2021. (rhf)

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,

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Plaintiff,
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vs.
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POLK COUNTY, et al.,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
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].
At a hearing on the Plaintiff’s motion in December 2020, the Court
determined that additional issues must be addressed before the settlement
can be approved. The parties, however, did not take any further action with
respect to the motion to approve the settlement. Therefore, on February 17,

2021, the Court denied the Plaintiff’s motion without prejudice and set this
matter for trial during the May 10, 2021 trial term. [Doc. 68]. To date, the
Plaintiff has taken no further action in this matter.
IT IS, THEREFORE, ORDERED that the Plaintiff shall have thirty (30)
days from the entry of this Order to refile a properly supported motion
seeking approval of the minor settlement. Failure to do so within the time
required may result in the dismissal of this action for failure to prosecute.
IT IS SO ORDERED.

Signed: April 1, 2021

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