Kryachkov v. Mooser Moto, LLC et al

Filing 13

ORDER directing plf to respond w/i 30 days to dfts' Motion to Dismiss; Set/Reset Deadlines as to 10 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction .(Responses due by 9/23/2013). Failure to Respond May Result in Summary Dismissal of Plf's Claims. Signed by District Judge Richard Voorhees on 8/23/2013. (Pro se litigant served by US Mail.)(cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL DOCKET NO.: 5:13CV73-RLV

VICTORIA ESTHER KRYACHOV,
Individually, and on behalf of Others
Similarly Situated,
Plaintiff,

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vs.
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MOOSER MOTO, LLC,
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B.J. MOOSE, Owner,
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APRIL MILLS, Business Manager, and )
JIM STRICKLEN, Business Manager, )
Defendants.
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__________________________________ )

ORDER

THIS MATTER comes before the Court on Defendants’ Motion To Dismiss and
Memorandum In Support, filed July 25, 2013. (Doc. 10). To date, Plaintiff has not responded.
After having carefully reviewed the pleadings, it appears that Defendants may be entitled
to dismissal of all or part of this action as a matter of law. See Roseboro v. Garrison, 528 F.2d
309 (4th Cir. 1975).
As a result, the instant Order serves as NOTICE to Plaintiff Kryachov, who is
proceeding pro se, of the following:
PLAINTIFF, you are entitled to an opportunity to respond to Defendants’
motion. You may not allege new facts surrounding the events in question as part
of your response. You should base your response and/or argument(s) solely on
the allegations contained in your original complaint and/or Defendants’ Motion to
Dismiss.

You are further advised that you have thirty (30) days from the filing of
this Order in which to file your response and any documents, affidavits, or
unsworn declarations you may wish to submit in opposition to Defendants’
Motion.

IT IS, THEREFORE, ORDERED that Plaintiff has thirty (30) days, or until Monday,
September 23, 2013, to RESPOND to Defendants’ Motion to Dismiss.

FAILURE TO

RESPOND MAY RESULT IN SUMMARY DISMISSAL OF PLAINTIFF’S CLAIMS.

Signed: August 23, 2013