Barnett v. State Auto Property & Casualty Insurance Company et al

Filing 36

ORDER denying without prejudice Pltf's 35 Motion to Dismiss; and the Court DIRECTS the parties to prepare and submit a joint Stipulation of Dismissal within 10 days of the entry of this Order. Signed by Magistrate Judge Dennis Howell on 11/5/15. (ejb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION 2:14cv34 GARY BARNETT, ) ) Plaintiff, ) ) v. ) ) STATE AUTO PROPERTY & ) CASUALTY INSURANCE COMPANY ) and U.S. BANK NATIONAL ) ASSOCIATION, ) ) Defendants. ) ___________________________________ ) ORDER Pending before the Court is the Motion to Dismiss [# 35]. Plaintiff moves the Court for an order dismissing this case with prejudice because the parties have settled this dispute. The Court DENIES without prejudice the motion [# 35]. The Court DIRECTS the parties to prepare and submit a joint Stipulation of Dismissal within ten (10) days of the entry of this Order. Signed: November 5, 2015 -1-

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