Courtney v. Ikea U.S. East, LLC

Filing 18

ORDER denying without prejudice 17 Motion to Lift Stay. Signed by Magistrate Judge David Keesler on 2/3/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-569-DCK
DAVIDA COURTNEY,
Plaintiff,
v.
IKEA HOLDING U.S., INC; IKEA U.S.
EAST, INC.; IKEA U.S. EAST, LLC; IKEA
PROPERTY, INC.; IKEA U.S. WEST, INC.;
IKEA PROPERTIES, INC.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Motion To Lift Stay”
(Document No. 17) filed February 3, 2017. The parties have consented to Magistrate Judge
jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. Having carefully
considered the motion and the record, the undersigned will deny the motion.
The undersigned observes that Plaintiff’s pending motion fails to indicate that the
requirement of consultation has been met pursuant to Local Rule 7.1 (B). Moreover, Plaintiff
acknowledges that the duplicate action in the Middle District Of North Carolina, which is the
reason this Court stayed this action, is still pending. See (Document Nos. 14 and 17). In fact, the
case in the Middle District of North Carolina has a ripe motion to dismiss pending that could be
ruled on at any time. See (Document No. 17-1).
IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion To Lift Stay” (Document No.
17) is DENIED WITHOUT PREJUDICE.

SO ORDERED.

Signed: February 3, 2017

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