Jones v. COMSYS IT Partners, Inc et al

Filing 104

ORDER re 103 Case Settlement Notice. Signed by District Judge Max O. Cogburn, Jr on 8/30/2011. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10cv72
JENNIFER MARIE JONES,

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Plaintiff,
Vs.
COMSYS IT PARTNERS, INC., et al.,
Defendants.
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ORDER

THIS MATTER is before the court on the joint Notice of Settlement (#103). In such
pleading, the parties state that they have resolved the dispute between them and the former
defendants, that they are preparing a release and settlement agreement, and that payment will
be made to plaintiff, who will then file a stipulation of dismissal with prejudice. They request
that the court administratively close this action for 63 days pending finalization of
settlement.1
Having considered the notice and the request contained therein, the court will
administratively close this matter until November 1, 2011. By such date, the parties shall
either file their stipulation of dismissal with prejudice or, failing such, the court will dismiss
this case on that date without prejudice. Inasmuch as three motions remain pending (#s 85,
87, & 88), the court will terminate those motions without prejudice as a matter of
housekeeping.
Finally, the parties are advised that a Notice of Appeal (#95) appears of record,
docketed as Case Number 11-1769 (4 th Cir 2011). The parties should take appropriate steps

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Inasmuch as the notice contains a request for relief from the court, counsel is
advised for future reference that the notice should have been filed as a motion, L.Cv.R. 7.1,
inasmuch as a notice does not generate an event for court action in ECF.
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to notify the Court of Appeals for the Fourth Circuit that this action (and, presumably, that
appeal) have been amicable resolved.
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The court appreciates the efforts of plaintiff and counsel for defendants in reaching
an amicable resolution of this matter.

ORDER
IT IS, THEREFORE, ORDERED that the joint request to administratively close
this matter, contained in the Notice of Settlement (#103) is GRANTED, and this action is
administratively closed until November 1, 2011. On such date, the Clerk of this Court shall
review this action and if no stipulation of dismissal with prejudice has been filed, he shall
enter the Clerk’s dismissal of this action without prejudice.

IT IS FURTHER ORDERED that all pending motions (#s 85, 87, & 88) are
TERMINATED without prejudice as a matter of housekeeping.

Signed: August 30, 2011

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