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Legacy 73 Signs, LLC v. Lipscomb

United States District Court, W.D. North Carolina, Asheville Division
Feb 14, 2022
1:21-cv-00124-MR-WCM (W.D.N.C. Feb. 14, 2022)

Opinion

1:21-cv-00124-MR-WCM

02-14-2022

LEGACY 73 SIGNS, LLC, on the authority of its member-managers, David M. Smith and Jamie M. Smith, Plaintiff, v. GERALD LIPSCOMB, individually and d/b/a Shytle Sign and Lighting Services, LLC; GARY DEAN SHYTLE, individually and as member, co-owner and operator of Shytle Sign and Lighting Services, LLC; and SHYTLE SIGN AND LIGHTING SERVICES, LLC Defendants.


ORDER

W. CARLETON METCALF, UNITED STATES MAGISTRATE JUDGE

This matter is before the Court sua sponte for case management purposes.

On July 2, 2021, Defendant Gerald Lipscomb (“Lipscomb”) filed counterclaims against Plaintiff Legacy 73 Signs, LLC (“Plaintiff”). Doc. 9.

Plaintiff filed a motion seeking dismissal of Lipscomb's counterclaims, which motion was granted in part and denied in part on November 5, 2021. Doc. 17.

Since that time, Plaintiff has not filed a responsive pleading relative to Lipscomb's remaining counterclaims, and it appears the time for doing so has expired. It further appears that the next appropriate step in this matter is the entry of a Pretrial Order and Case Management Plan. See Local Civil Rule 16.1(d) (“For the limited purpose of these Rules, ‘joinder of the issues' occurs when the final answer to a complaint, third-party complaint, or crossclaim or the final reply to a counterclaim has been filed, or the time for doing so has expired”); Fed.R.Civ.P. 12(a)(4)(A).

Accordingly, the Clerk is RESPECTFULLY DIRECTED to schedule an initial pretrial conference, by video, in this matter.

It is so ordered.


Summaries of

Legacy 73 Signs, LLC v. Lipscomb

United States District Court, W.D. North Carolina, Asheville Division
Feb 14, 2022
1:21-cv-00124-MR-WCM (W.D.N.C. Feb. 14, 2022)
Case details for

Legacy 73 Signs, LLC v. Lipscomb

Case Details

Full title:LEGACY 73 SIGNS, LLC, on the authority of its member-managers, David M…

Court:United States District Court, W.D. North Carolina, Asheville Division

Date published: Feb 14, 2022

Citations

1:21-cv-00124-MR-WCM (W.D.N.C. Feb. 14, 2022)