5-Star Athlete Development, LLC. v. City of Shelby

Filing 6

ORDER that in the Court's discretion, the Plaintiff's deadline for filing a response to Defendant's #5 MOTION to Dismiss will be EXTENDED to and including 10/1/2021. Signed by Magistrate Judge W. Carleton Metcalf on 9/08/2021. (Pro se litigant served by US Mail.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:21-cv-00225-MR-WCM
5-STAR ATHLETE
DEVELOPMENT, LLC,
Plaintiff,
v.
CITY OF SHELBY
Defendant.
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ORDER

This matter is before the undersigned for case management purposes
following the filing of Defendant’s Motion to Dismiss (Doc. 5) and
Memorandum in Support (Doc. 5-1).
On August 26, 2021, the District Court informed Plaintiff, a limited
liability company, that it can appear in this matter only through a licensed
attorney. Doc. 4. The District Court provided Plaintiff with thirty days to retain
counsel and advised Plaintiff that failure to retain counsel within the time
required would result in the dismissal of this action without prejudice. Id.
On September 7, 2021, Defendant filed its Motion to Dismiss, asserting
that Plaintiff’s complaint should be dismissed pursuant to Federal Rules of
Civil Procedure 12(b)(6), 12(b)(4), and 12(b)(5). Pursuant to the local rules, the
deadline for Plaintiff to respond to the Motion to Dismiss is currently

Case 1:21-cv-00225-MR-WCM Document 6 Filed 09/08/21 Page 1 of 2

September 21, 2021. LCvR 7.1. That is, the deadline for Plaintiff to respond to
the Motion to Dismiss occurs before the deadline for Plaintiff to retain counsel.
Accordingly, in the Court’s discretion, Plaintiff’s deadline for filing a
response to Defendant’s Motion to Dismiss will be EXTENDED to and
including October 1, 2021.
It is so ordered.
Signed: September 8, 2021

Case 1:21-cv-00225-MR-WCM Document 6 Filed 09/08/21 Page 2 of 2