Geiger et al v. H&H Franchising Systems, Inc. et al

Filing 91

ORDER denying as moot 89 Motion to Stay; granting in part and denying in part 90 Motion to Stay Proceedings. Signed by Magistrate Judge David S. Cayer on 3/8/19. (tob)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION ROSEANN GEIGER and SHERRI HOLLEY, Plaintiffs, vs. CASE NO. 3:17-cv-00738-FDW-DSC H&H FRANCHISING SYSTEMS, INC., GLENKAT, INC., KATHLEEN HOLDEN and GLEN HOLDEN, Defendants. ORDER ON AMENDED JOINT MOTION FOR STAY OF PROCEEDINGS THIS MATTER is before the Court on the parties’ “Amended Joint Motion for Stay of Proceedings” (document #90). For good cause shown, the Court GRANTS the Motion in part and IT IS HEREBY ORDERED as follows: 1. Plaintiffs’ Motion to Lift Stay as to Plaintiffs Geiger, Moss and Carmon (document #80) is GRANTED and the previously imposed stay pending arbitration as to Plaintiffs Geiger, Moss and Carmon is LIFTED and they are rejoined to this action for all purposes; 2. Based upon the parties’ scheduling of mediation for March 15, 2019, the action is STAYED as to further proceedings pending completion of the mediation and the parties’ report, provided that the parties shall respond to any presently outstanding interrogatories and document requests. This Order includes a stay of briefing and disposition of the Motion for Sanctions (document #80). 3. The parties are cautioned that the dispositive Motions deadline, the Motions hearing setting, and the trial date are not extended or otherwise effected by this stay. 4. The parties shall report no later than March 20, 2019 on the results of the mediated settlement conference. If the parties do not report a full and final settlement, the report shall include a proposed briefing schedule for the Motion for Sanctions and any other pretrial deadlines not mentioned in paragraph 3 above that they agree will require an extension. 5. The parties’ “Joint Motion for Stay of Proceedings” (document #89) is denied as moot. SO ORDERED. Signed: March 8, 2019 2 HTPL: 727781v1

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