Perez v. Radford Quarries of Boone, Inc. et al

Filing 12

ORDER setting Bench Trial for Wednesday, 12/3/2014 @ 2:45 PM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Richard Voorhees. The Clerk is directed to serve Defendants with this notice by mail. Signed by District Judge Richard Voorhees on 11/20/14. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-80
THOMAS E. PEREZ, Secretary of Labor,
U.S. Department of Labor,
Plaintiff,
v.
RADFORD QUARRIES OF BOONE, INC.,
DANNY J. CECILE, RAYMOND S.
CECILE, D.J. (JACOB) CECILE,
Defendants.

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ORDER

Pursuant to Federal Rule of Civil Procedure 65(a)(2), Gellman v. State of Md., 538 F.2d
603 (4th Cir. 1976), and in the interests of judicial efficiency, the Court is providing advance
notice that it is consolidating the hearing on the preliminary injunction with a trial on the merits.
Rule 65(a) permits a district judge to "advance the litigation and save court time by pursuing
such a course on his own motion where, as here, the litigants have not moved him to do so."
Singleton v. Anson Cnty. Bd. of Ed., 387 F.2d 349, 351 (4th Cir. 1967). The Court notes that
Defendants have not appeared or responded in any manner and that Plaintiff has not requested a
trial by jury. Therefore, Counsel should prepare for a bench trial. The Clerk is directed to serve
Defendants with this notice by mail.
Signed: November 20, 2014