Holland v. Compass Group USA, Inc.

Filing 22

NOTICE AND ORDER granting in part 20 Motion for Extension of Time to File Response/Reply. Plaintiff may respond to Defendant's Motion to Dismiss (Doc.No. 17) on or before February 12, 2015. ORDER denying 21 Motio n to Compel. The Court will mail Plaintiff copies of all filings in this case since June 10, 2014 other than Plaintiff's own filings and a copy of the docket sheet. Signed by Senior Judge Graham Mullen on 1/12/2015. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-CV-62-GCM
GILBERT HOLLAND,
Plaintiff,
vs.
COMPASS GROUP USA, INC.,
Defendant.
______________________________

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NOTICE and ORDER

THIS MATTER is before the court upon Plaintiff Gilbert Holland’s Motion for
Extension of Time (Doc. No. 20) and Plaintiff’s Motion to Compel (Doc. No. 21). The Court
previously issued a Roseboro notice setting a response deadline of October 20, 2014 (Doc. No.
18) in which Plaintiff could respond to Defendant Compass Group’s pending motion to dismiss,
which deadline passed without Plaintiff filing a response. Plaintiff now shows that he has a new
address and that he has not received any filings in this case since June 10, 2014.1 It appears that
Plaintiff attempted to change his address with the Court by including an “amendment” at the end
of his Second Amended Complaint (see Doc. No. 7 at 7) rather than filing a separate notice of
change of address. As a result, his change of address was not recorded. The Court will therefore
grant Plaintiff an extension of time of thirty days from the date of this order to file a response to
Compass Group’s motion to dismiss. The Court will also send by mail a copy of the filings in
this case since June 10, 2014, other than any filings made by Plaintiff. In the future, Plaintiff is
instructed to file a separate notice of change of address if he wishes to change his address of
record with the Court.

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Plaintiff did, however, file a response to Defendant Carolinas Medical Center’s motion to dismiss on July
15, 2014. (See Doc. No. 11). That motion was not filed until July 2, 2014; thus it appears that Plaintiff has received
at least some filings in this case filed after June 10.

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TO THE PLAINTIFF, GILBERT HOLLAND, READ THE FOLLOWING VERY
CAREFULLY:
You are to file a brief written argument opposing the Defendant’s Motion to Dismiss
(Doc. No. 17) on or before February 12, 2015.
You are hereby advised that you have until February 12, 2015 in which to file your
response to the Motion to Dismiss. If you fail to respond to the motion, the Court will proceed to
decide the matter. A copy of the response must be served on the Defendant and a certificate of
service must be filed with the Court showing that a copy has been sent to counsel for the
Defendant.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Extension of Time (Doc.
No. 20) is GRANTED in part. Plaintiff may respond to Defendant’s Motion to Dismiss (Doc.
No. 17) on or before February 12, 2015. Failure to file a timely response may lead to the
dismissal of Plaintiff’s lawsuit without further notice.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Compel Doc. No. 21) is
DENIED. The Court will mail Plaintiff copies of all filings in this case since June 10, 2014 other
than Plaintiff’s own filings.
The Clerk is directed to send a copy of this NOTICE and ORDER to Plaintiff’s address
of record.
SO ORDERED.
Signed:

January

12,

2015

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