Collins v. TIAA-CREF et al

Filing 141

ORDER RESCINDING AND VACATING 138 Order, Set Motion and M&R Deadlines/Hearings, it is further ordered that the defendants shall reply to Plaintiff's response in opposition. Replies due by 10/31/2008.). Signed by Chief Judge Robert J. Conrad, Jr on 10/22/08. (dtr)

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CASE NO. 3:06-cv-304-RJC BRENDA COLLINS, Plaintiff, vs. TIAA-CREF, KATHY JACKSON, TARAN NARAYAN, and ROBERT SMITH, Defendants. ) ) ) ) ) ) ) ) ) ) )

THIS MATTER is before the Court sua sponte. After the Court's Order of October 20, 2008, giving the Plaintiff notice in accordance with Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975) (Doc. No. 138), the Court became aware that the Plaintiff's Response to the Defendants' summary judgment motion had been received by the Clerk's office but not yet filed. As the Plaintiff has already responded, the Court's Order is moot. IT IS, THEREFORE, ORDERED that the Court's Order of October 20, 2008, is hereby RESCINDED and VACATED. It is further ORDERED that the Defendants shall reply to Plaintiff's Response in Opposition on or before October 31, 2008. SO ORDERED. Signed: October 22, 2008