Genesis Eldercare Rehabilitation Services, Inc., et al v. Healthtique Winston Salem, LLC, et al

Filing 9

ORDER denying Without Prejudice 8 Motion to Stay. Plf may file a renewed motion; however, such motion should indicate dfts' position on the motion and should further explain why a stay is more appropriate here than a voluntary dismissal. Signed by Magistrate Judge David Keesler on 7/1/2013. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:13-CV-071-RLV-DCK
GENESIS ELDERCARE REHABILITATION
SERVICES, INC., d/b/a GENESIS
REHABILITATION SERVICES; and
RESPIRATORY HEALTH SERVICES, LLC,
Plaintiffs,
v.
HEALTHTIQUE WINSTON SALEM, LLC,
d/b/a WINSTON SALEM NURSING AND
REHABILITATION, et al.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion To Stay”
(Document No. 8) filed July 1, 2013.

This motion has been referred to the undersigned

Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having
carefully considered the motion and the record, the undersigned will deny the motion.
The undersigned notes that Defendants failed to file a timely Answer, or to otherwise
respond to the Complaint. Moreover, it appears that Defendants are not represented by counsel
in this matter, and that they were not consulted regarding the instant motion.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion To Stay” (Document No. 8)
is DENIED WITHOUT PREJUDICE. Plaintiff may file a renewed motion; however, such
motion should indicate Defendants’ position on the motion, and should further explain why a
stay is more appropriate here than a voluntary dismissal.

SO ORDERED.

Signed: July 2, 2013

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