Lowery v. USA

Filing 86

ORDER denying as moot 68 Plaintiff's Motion in Limine; denying as moot 70 Defendant's Motion to Compel; and denying as moot 71 United States' Motion in Limine. Signed by Magistrate Judge David Keesler on 5/20/19. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-701-DCK
MARSHALL O. LOWERY,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT regarding “Plaintiff’s Motions In Limine”
(Document No. 68); Defendant’s “Motion For Order Declaring Continued Enforcement Of
Original Trial Subpoena, Or In The Alternative, Motion For Order To Compel” (Document No.
70); and the “United States’ Motion In Limine” (Document No. 71). The parties have consented
to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review of these
motions is appropriate. Having carefully considered the motions and the record, the undersigned
will deny the motions as moot.
The undersigned notes that the parties filed a joint “Notice Of Settlement” (Document No.
84) on May 17, 2019, reporting that they had reached a settlement agreement resolving all issues
to be determined by a jury in a trial scheduled for May 20, 2019. The Court subsequently cancelled
the trial scheduled to begin on May 20, 2019. See (Document No. 85). The undersigned
commends the parties and their counsel’s efforts to resolve this matter.
Based on the foregoing, the undersigned finds that the pending motions should be denied
as moot.

Case 3:16-cv-00701-DCK Document 86 Filed 05/21/19 Page 1 of 2

IT IS, THEREFORE, ORDERED that Plaintiff’s Motions In Limine” (Document No.
68) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Defendant’s “Motion For Order Declaring Continued
Enforcement Of Original Trial Subpoena, Or In The Alternative, Motion For Order To Compel”
(Document No. 70) is DENIED AS MOOT.
IT IS FURTHER ORDERED that the “United States’ Motion In Limine” (Document No.
71) is DENIED AS MOOT.
SO ORDERED.
Signed: May 20, 2019

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Case 3:16-cv-00701-DCK Document 86 Filed 05/21/19 Page 2 of 2