Schneider et al v. CCC-Boone, LLC et al

Filing 17

ORDER denying plfs' 13 Motion to Stay deadline for Responding to dfts' Motion to Dismiss; granting dfts' 15 Motion for Leave to File Opposition to plfs' Motion to Remand. Dfts shall file their brief within 15 days of entry of this Order. Defense cnsl is cautioned to comply with all remaining deadlines in this case. Signed by Magistrate Judge David S. Cayer on 1/3/2014. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:13-CV-00144-RLV-DSC
JONATHAN SCHNEIDER, et. al.,
Plaintiffs,
v.
CCC-BOONE, L.L.C. et. al.,
Defendants.

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THIS MATTER is before the Court on Defendants’ “Motion for Leave to File
Opposition to Plaintiffs’ Motion to Remand” (document #15) and “Plaintiffs’ Motion for Limited
Stay” (document #13).
Defense counsel credibly takes full responsibility for Defendants’ failure to file a timely
response opposing Plaintiffs’ Motion to Remand. This failure was a result of an administrative
error for which Defendants bear no fault. Accordingly, after consulting with the chambers of the
Honorable Richard L. Voorhees, the Court will grant Defendants’ “Motion for Leave to File
Opposition to Plaintiffs’ Motion to Remand” (document #15). Defendants shall file their brief
within fifteen (15) days of entry of this Order. Defense counsel is cautioned to comply with all
remaining deadlines in this case.
In their Motion, Plaintiffs seek an Order staying their deadline for responding to
Defendants’ Motion to Dismiss (document #9) until sometime after the Court rules on their
Motion to Remand (document #7). Although the Court will resolve any issues of subject matter
jurisdiction prior to considering any dispositive matters, there is no basis for Plaintiffs

withholding their response to Defendants’ Motion. Accordingly, “Plaintiffs’ Motion for Limited
Stay” (document #13) is denied.
The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel; and to the Honorable Richard L. Voorhees.
SO ORDERED.

Signed: January 3, 2014