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GERALD ABATEMARCO v. LEGASUS OF NORTH CAROLINA, LLC, 1:11cv23. (2012)

Court: District Court, W.D. North Carolina Number: infdco20120207a21 Visitors: 11
Filed: Feb. 06, 2012
Latest Update: Feb. 06, 2012
Summary: ORDER MARTIN REIDINGER, District Judge. THIS MATTER is before the Court sua sponte. After carefully reviewing the record, the Court has determined that the following matters must be addressed by the parties 1 before issues may join in this action: (1) Cross-Claims Against Legasus : On May 11, 2011, the Plaintiffs filed a motion for an entry of default against Legasus of North Carolina, LLC ("Legasus"). [Doc. 33]. The Clerk granted the' motion and made an entry of default against Legasu
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ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court sua sponte.

After carefully reviewing the record, the Court has determined that the following matters must be addressed by the parties1 before issues may join in this action:

(1) Cross-Claims Against Legasus: On May 11, 2011, the Plaintiffs filed a motion for an entry of default against Legasus of North Carolina, LLC ("Legasus"). [Doc. 33]. The Clerk granted the' motion and made an entry of default against Legasus with respect to the Plaintiffs' claims on May 12, 2011. [Doc. 34]. Although Defendants Synovus Bank ("Synovus"), Michael Wolf ("Wolf"), Theodore C. Morlok ("Morlok"), and Marilyn McCoy Woods ("Woods") have asserted Cross-Claims against Legasus [Docs. 27, 36, 66, 67], entry of default has not been sought with respect to any of these Cross-Claims.

(2) Claims and Cross-Claims Against Klorfein: Stephen R. Klorfein, the personal representative of the Estate of Robert A. Corliss ("Klorfein"), has been named as a Defendant in this action. [Doc. 1]. Additionally, Defendants Synovus, Wolf, Morlok, and Woods have asserted Cross-Claims against him. [Docs. 27, 36, 66, 67]. Although Klorfein apparently has been served with process, he has never filed an Answer or otherwise appeared in this action.

(3) Cross-Claims Against Pitts: Defendant James R. Pitts ("Pitts") filed a pro se Answer to the Plaintiffs' Complaint on June 1, 2011. [Doc. 48]. Pitts, however, has never responded to the Cross-Claims filed by Synovus, Wolf, Morlok, and Woods. [See Docs. 27, 36, 66, 67].

Accordingly, IT IS, THEREFORE, ORDERED that the parties shall file such motions or take other further action as may be necessary to address the above-referenced matters no later than March 5, 2012.

IT IS SO ORDERED.

FootNotes


1. This Order applies to all parties in this action, with the exception of Defendant Morlok as to whom this case is currently stayed [see Doc. 76].
Source:  Leagle

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