Ricciani et al v. Marriot International, Inc. et al

Filing 32

ORDER denying as untimely and moot 30 Pro Se MOTION to Vacate 27 Order on Motion to Strike,. Signed by Senior Judge Graham Mullen on 1/10/2022. (Pro se litigant served by US Mail.)(ef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:21-CV-00106-GCM
ROBERT RICCIANI
DULCY RICCIANI,
Plaintiffs,
v.

ORDER

FAIRFIELD INN BY MARRIOT
LIMITED PARTNERSHIP,
MARRIOT INTERNATIONAL, INC.,
NCSC CHARLOTTE OWNER LLC,
Defendants.

THIS MATTER is before the Court on Plaintiff Dulcy Ricciani’s Motion to Vacate (ECF
No. 30). Plaintiffs seek vacatur of the Court’s order striking the Plaintiffs’ response to Defendants’
motions to dismiss. See ECF No. 27.
The Court entered its order on December 17, 2021, striking the response for Plaintiffs’
failure to comply with the local rules governing attorney admission. ECF No. 27 at 4–6. The Court
stayed the order for 10 days to permit Plaintiffs to comply. Id. at 6. Accordingly, Plaintiffs had
until December 27, 2021 to come into compliance with the local rules. On January 4, 2022, the
Court adjudicated the pending motion to dismiss, and dismissed the case without prejudice. See
ECF No. 28. The Clerk entered judgment on the same day. ECF No. 29.
Plaintiffs sent the present motion by First Class Mail and USPS Overnight Delivery. Both
items—dated December 27, 2021—were docketed on January 10, 2022. ECF No. 31 & 32.
Notably, Plaintiffs’ overnight mailing was not marked “accepted” until January 4, 2022, with a
scheduled delivery date of January 5, 2022. See ECF No. 31 at 2.

Case 3:21-cv-00106-GCM Document 32 Filed 01/10/22 Page 1 of 2

Plaintiffs’ motion seeking vacatur is both untimely and moot. Plaintiffs missed the 10-day
period to come into compliance. The case has been dismissed and judgment has been entered
against Plaintiffs. Additionally, insofar as the present motion seeks to revive a pleading related to
matters that have already been adjudicated, it is moot.
IT IS THEREFORE ORDERED that the Motion to Vacate (ECF No. 30) is DENIED
AS UNTIMELY AND MOOT.
SO ORDERED.
Signed: January 10, 2022

Case 3:21-cv-00106-GCM Document 32 Filed 01/10/22 Page 2 of 2