Nautilus Insurance Company v. Smoky Mtn Construction Co. et al

Filing 14

ORDER appointing Thomas C. Duncan as mediator. Signed by Magistrate Judge Dennis Howell on 03/25/2015. (klb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14 CV 49

NAUTILUS INSURANCE COMPANY,

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Plaintiff
v
SMOKY MTN CONSTRUCTION CO.,
PATRICK BRAY, and MARGARET
O’BANNION,
Defendants.

ORDER

THIS MATTER is before the undersigned pursuant to the Plaintiff Nautilus
Insurance Company’s Report on Selection of Mediator (#13). From a review of the
report, it appears that Plaintiff’s counsel and counsel for Defendants Patrick Bray
and Margaret O’Bannion have agreed to the selection of a mediator in this matter as
provided by the Pretrial Order and Case Management Plan (#12) entered in this
cause. Counsel for the Defendant Smoky Mtn Construction Co. has not responded
to multiple efforts made to him seeking his consent to the selection of a mediator.
As a result, the undersigned will enter an order selecting the mediator who has been
chosen by counsel for Plaintiff and counsel for Defendants Bray and O’Bannion,
that being Thomas C. Duncan of Thomas C. Duncan, PLLC, 1850 Pembroke Road,
Greensboro, NC 27408.
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ORDER
IT IS, THEREFORE, ORDERED that Thomas C. Duncan of Thomas C.
Duncan, PLLC, 1850 Pembroke Road, Greensboro, NC 27408 is appointed as the
mediator in this matter. Counsel for the Plaintiff is directed to advise Mr. Duncan
of his selection in this case. The costs of the mediation, including the fees of Mr.
Duncan, shall be borne by all parties in this matter, including Smoky Mtn
Construction Co.

Signed: March 25, 2015

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