Jacobs v. United Parcel Service, Inc.

Filing 30

ORDER granting 26 Motion to Vacate 25 Clerk's Judgment and allow the Defendant an opportunity to file a reply within 7 days. Signed by Senior Judge Graham Mullen on 11/10/16. (Pro se litigant served by US Mail.)(ssh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:15CV381
CEDRIC JACOBS,

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Plaintiff,
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Vs.
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UNITED PARCEL SERVICE,
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INC.,
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Defendant.
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______________________________)

ORDER

This matter is before the Court the Plaintiff’s Motion and Declaration to Vacate the Order
of this Court granting summary judgment in favor of the Defendant. Defendant filed a Motion
for Summary Judgment on September 12, 2016. The Court issued a Rosboro notice to the pro se
Plaintiff on September 21, setting a response deadline of October 11. When Plaintiff failed to
respond, the Court granted Defendant’s motion on October 12. Plaintiff thereafter filed the
present motion representing to the Court that he had never received the Court’s September 21
Roseboro Order. The Order was sent to Plaintiff by certified mail, return receipt requested,
however, no return receipt was received. Along with his Motion to Vacate, Plaintiff included his
opposition to the Defendant’s Motion for Summary Judgment.
The Court will vacate the judgment and allow the Defendant an opportunity to file a
Reply within seven days of the date of entry of this Order. The Court will thereafter proceed to
decide the motion on its merits.
IT IS SO ORDERED.
Signed: November 10, 2016