United States of America For The Use and Benefit of Cook & Boardman, Inc. v. The Broadband Companies, LLC et al
| United States of America For The Use and Benefit of Cook & Boardman, Inc. |
| The Broadband Companies, LLC, Fred Anthony and North American Specialty Insurance Company |
| 1:2009cv00331 |
| August 24, 2009 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Buncombe |
| Dennis Howell |
| Lacy Thornburg |
| None |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
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Filing
35
ORDER that the parties file a motion for continuance of the stay outlining the expected timeline of the arbitration procedure as well as a realistic date on which the stay should be lifted or reviewed. Signed by Magistrate Judge Dennis Howell on 8/3/10. (siw)
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Filing
17
IT IS, THEREFORE, ORDERED that the defendant North American Specialty Insurance Company's Motion for Extension of Time to Answer (#9) is ALLOWED and any such Answer or other responsive pleading filed on or before November 6, 2009, is deemed timely filed nunc pro tunc; That the defendant The Broadband Companies, LLC's Motion to Dismiss (#10) is DEEMED to be MOOT at this time and is administratively terminated without prejudice, Arbitration is, by agreement of the parties, COMPELLED, and the Motion to Stay Pending Arbitration (#10) is ALLOWED. This action is, hereby, STAYED, as to plaintiffs claims asserted against such defendant and the parties shall file with the court a notice within 60 days concerning the status of arbitration. The action is NOT STAYED as to plaintiffs claims against the remaining defendants. That the defendant The Broadband Companies, LLC's Motion for Extension of Time to Answer or Otherwise Respond to the Complaint (#12) is A LLOWED, and such defendant is GRANTED seven days from the lifting of the stay to so Answer or otherwise respond to the Complaint;and plaintiff's Motion for Entry of Default and Default Judgment (#7) is WITHDRAWN.Signed by Magistrate Judge Dennis Howell on 11/03/2009. (thh)
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Filing
11
ORDER that North American Specialty Insurance Companys Motion for Extension of Time to Answer or Otherwise Plead is HELD IN ABEYANCE pending a response from plaintiff or notice that it does not intend to respond.IT IS FURTHER ORDERED that plaintiffs Motion for Entry of Default isHELD IN ABEYANCE as to North American Specialty Insurance Companypending resolution of such defendants Motion for Extension of Time to Answer or Otherwise Plead. re 9 MOTION for Extension of Time to File Answer re 1 Complaint,. Signed by Magistrate Judge Dennis Howell on 09/29/2009. (thh)
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