Fagan et al v Unitrin Auto and Home Ins Co

Filing 35

ORDER that upon suggestion of settlement, that the parties file the Rule 41 Voluntary Dismissal of All Claims With Prejudice, signed by counsel for all parties, not later than November 30, 2009. Respective counsel are advised that they are not presently on a trial calendar as the ECF notification they received October 6, 2009, was only a modification resetting the ready date for trial based on a change in the presiding judge. Signed by Magistrate Judge Dennis Howell on October 7, 2009. (jhg)

I N THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA B R Y S O N CITY DIVISION 2 :0 8 cv 2 9 P A U L FAGAN; and EVELYN FAGAN, P la in t if fs , V s. U N I T R I N AUTO AND HOME I N S U R A N C E COMPANY d/b/a K e m p e r , a Unitrin Business, D e fe n d a n t and T h ir d - P a r t y Plaintiff, V s. I C A , INC., T h ir d - P a r t y Defendant. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

T H I S MATTER is before the court on notice received from counsel for p la in tiffs that this action has settled. Counsel advises that due to time necessary for th e exchange of certain papers, the Rule 41 Voluntary Dismissal of All Claims With P r e ju d ic e , signed by counsel for all parties, will not be filed until November 30, 2009.

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ORDER I T IS, THEREFORE, ORDERED that upon suggestion of settlement, that the p a rtie s file the Rule 41 Voluntary Dismissal of All Claims With Prejudice, signed by c o u n s e l for all parties, not later than November 30, 2009.

R e sp e c tiv e counsel are advised that they are not presently on a trial calendar as th e ECF notification they received October 6, 2009, was only a modification resetting th e "ready date for trial" based on a change in the presiding judge.

Signed: October 7, 2009

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