Blaney et al v. Charlotte-Mecklenburg Hospital Authority

Filing 76

ORDER DISMISSING CASE. Signed by District Judge Frank D. Whitney on 7/3/2012. (blf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:10-CV-592
BETH ANN BLANEY, et al
Plaintiffs,
vs.

CHARLOTTE-MECKLENBURG
HOSPITAL AUTHORITY
Defendant.

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ORDER

THIS MATTER is before the Court upon its own motion. The Court previously issued
an order requesting a status report from the parties after they failed to file a mediation report
(Doc. No. 72). The parties responded, reporting they did not complete mediation because they
were engaged in settlement talks and stated: “The parties are hopeful that they will obtain the
necessary signatures of the seventeen (17) Plaintiffs and Op[t]-In Plaintiffs and file their joint
motion to dismiss within the next 14 days” (Doc. No. 73, p. 2). Fourteen days passed and the
parties did not file a joint motion to dismiss. The Court then issued another order requesting a
status report (Doc. No. 74). The parties replied (Doc. No. 75) indicating that “all but two (2) of
the seventeen (17) Plaintiffs and Opt-ins have executed the settlement release agreement,” and
that the parties expect settlement to be consummated “shortly” (See Doc. No. 75).
Trial is scheduled to begin in this matter on July 16, 2012. A pre-trial conference should
be scheduled and pre-trial submissions should be filed; however, because the parties assure the
Court that settlement is imminent, the Court HEREBY DISMISSES this case without prejudice.
Any party shall have thirty (30) days from the date of this order to reopen the case if a settlement

release agreement is not executed.1
IT IS SO ORDERED.

Signed: July 3, 2012

1

This case is administratively closed; however, if it is re-opened within the thirty (30) day window, the
statute of limitations will relate back to the filing of the complaint.