Lambrechts v. Mountain Air Cargo, Inc.

Filing 24

ORDER, Set/Reset Deadlines as to 13 MOTION to Dismiss for Failure to State a Claim .(Responses due by 6/16/2014). Signed by District Judge Richard Voorhees on 5/16/2014. (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.: 5:13CV93-RLV

PHILIP E. LAMBRECHTS,
Plaintiff,
v.
MOUNTAIN AIR CARGO, INC.,
Defendant.
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ORDER

THIS MATTER comes before the Court on Defendant’s Motion To Dismiss and
Memorandum In Support, filed December 4, 2013. (Doc. 14).

To date, Plaintiff has not

responded.
After having carefully reviewed the pleadings, it appears that Defendant 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 Lambrechts, who is
proceeding pro se, of the following:
PLAINTIFF, you are entitled to an opportunity to respond to Defendant’s
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 Defendant’s 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 Defendant’s
Motion.

IT IS, THEREFORE, ORDERED that Plaintiff has thirty (30) days, or until Monday,
June 16, 2014, to RESPOND to Defendant’s Motion To Dismiss. FAILURE TO RESPOND
MAY RESULT IN SUMMARY DISMISSAL OF PLAINTIFF’S CLAIMS.

Signed: May 16, 2014