Dogs-by-Andy K-9 Services, LLC v. The Sherwin-Williams Company

Filing 37

ORDER denying without prejudice 35 Motion to Substitute and Include Documents in Plaintiff's Exhibits. Signed by Magistrate Judge David Keesler on 10/5/2016. (cbb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CIVIL ACTION NO. 5:15-CV-073-RLV-DCK DOGS-BY-ANDY K9 SERVICES, LLC, Plaintiff, v. THE SHERWIN-WILLIAMS COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER IS BEFORE THE COURT on the “Motion To Substitute And Include Documents In Plaintiff’s Exhibits” (Document No. 35) filed on October 5, 2016. 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. It is unclear exactly the relief Plaintiff seeks; specifically, the location of the exhibit Plaintiff seeks to substitute is not clear. Moreover, it does not appear that Plaintiff’s counsel conferred with Defendant’s counsel as required by Local Rule 7.1(B). IT IS, THEREFORE, ORDERED that the “Motion To Substitute And Include Documents In Plaintiff’s Exhibits” (Document No. 35) is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed: October 5, 2016

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