Merrill v. Waffle House, Inc.

Full title: JOHNNIE MERRILL and KIMBERLY MERRILL, Plaintiff, v. WAFFLE HOUSE, INC.…

Court: United States District Court, N.D. Texas, Dallas Division

Date published: Mar 18, 2005

Civil Action No. 3:04-CV-888-M (N.D. Tex. Mar. 18, 2005)

Opinion

Civil Action No. 3:04-CV-888-M.

March 18, 2005

ORDER

IRMA C. RAMIREZ, Magistrate Judge

Pursuant to the District Court's Order, filed January 24, 2005, Plaintiffs' Second Motion to Compel Discovery and Brief in Support, filed January 21, 2005, was referred to the undersigned United States Magistrate Judge for hearing, if necessary, and for determination.

By letter dated and faxed to Chambers on March 18, 2005, counsel for Plaintiffs advised that Plaintiffs were withdrawing the above motion without prejudice to refiling. Plaintiffs' March 18, 2005 letter is attached hereto as Exhibit A. The Court commends the parties on their prompt and successful resolution of this matter and construes Plaintiffs' March 18, 2005 letter as a motion to withdraw Plaintiffs' Second Motion to Compel Discovery and Brief in Support. Accordingly, it is hereby

ORDERED that Plaintiffs' motion to withdraw Plaintiffs' Second Motion to Compel Discovery and Brief in Support, filed January 21, 2005, is hereby GRANTED, and the motion to compel is therefore deemed to be withdrawn by Plaintiffs.

SO ORDERED.