Carolina Internet, LTD. v. TW Telecom Holdings Inc.

Filing 28

ORDER denying 24 Motion to Stay. Should Plaintiff wish to file a motion for reconsideration, it must be done within ten days of the Transfer Order. The deadline is 8/4/2011 at 12:00 p.m. Further, the Transfer Order is AMENDED to correct a typographical error and transfer this case to the District of Colorado, not the Western District of Colorado. Signed by Senior Judge Graham Mullen on 8/1/2011. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
No. 3:11-CV-00310
CAROLINA INTERNET, LTD,
Plaintiff,
vs.
TW TELECOM HOLDINGS, INC,
Defendant,

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ORDER

THIS MATTER is before the Court on Plaintiff’s Motion to Stay the Court’s Transfer
Order [D.I. 24] and Defendant’s Response [D. I. 26]. On June 24, 2011, Defendant filed a
Motion to Transfer Venue [D.I. 5]. This Court granted Defendant’s Motion on July 25, 2011,
after consideration of the Defendant’s Motion, the Plaintiff’s Response [D.I. 17], and the
Defendant’s Reply [D.I. 20]. It is this Court’s practice to hold a case file for ten days after
issuing an Order to Transfer before transferring a case to its new venue. The Court sees no
reason why, after full briefing and a decision on the issue, the Transfer Order [D.I. 21] should be
stayed. Therefore, the Plaintiff’s Motion to stay is DENIED. Should Plaintiff wish to file a
motion for reconsideration, it must be done within ten days of the Transfer Order. The deadline
is August 4, 2011 at 12:00 p.m. If a motion for reconsideration is filed, the Court will retain the
case until any pending motion for reconsideration is decided.
For the foregoing reasons, Plaintiff’s Motion to Stay is DENIED. Further, the Transfer
Order is AMENDED to correct a typographical error and transfer this case to the District of
Colorado, not the Western District of Colorado.

SO ORDERED.
Signed: August 1, 2011