Carlson Environmental Consultants, PC v. Slayton

Filing 42

ORDER granting 41 Motion for Voluntary Dismissal of Appeal. Defendants appeal, filed on October 19, 2017, is dismissed pursuant to Rule 42(a) of the Rules of Appellate Procedure. Signed by Chief Judge Frank D. Whitney on 11/14/17. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
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CARLSON ENVIRONMENTAL
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Civil Action No.: 3:17-cv-149
CONSULTANTS, PC,
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Plaintiff,
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v.
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)
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SEAN SLAYTON,
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Defendant.
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____________________________________)
ORDER GRANTING DEFENDANT’S VOLUNTARY MOTION TO DISMISS APPEAL
PURSUANT TO RULE 42(a)
This cause having come before the Court on Defendant’s Voluntary Motion to Dismiss
Appeal pursuant to Rule 42(a) of the Rules of Appellate Procedure (Doc. No. 41). Plaintiff does
not object to Defendant’s Motion. Upon review of the motion and applicable law relied on by
Defendant as the moving party here, the Court presumes the conditions of Fed. R. App. P. 42(a) –
the basis on which Defendant’s motion is filed – are satisfied, specifically that Defendant’s appeal
has not yet been docketed by the circuit court. Accordingly, it is hereby ORDERED as follows:
Defendant’s Motion to Dismiss Appeal Pursuant to Rule 42(a) of the Federal Rules of
Appellate Procedure (Doc. No. 41) is GRANTED. Defendant’s appeal, filed on October 19, 2017,
is dismissed pursuant to Rule 42(a) of the Rules of Appellate Procedure.
IT IS SO ORDERED.
Signed: November 14, 2017