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Island Vibe Cafe v. PCL Construction Enterprises, Inc.

United States District Court, E.D. North Carolina, Eastern Division

October 8, 2017

ISLAND VIBE CAFE, MORNING STAR STABLES, TBM CONSTRUCTION, MICHAEL JANSSEN, and WILLIAM BAILEY, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CONSTRUCTION ENTERPRISES, INC., and PCL CONSTRUCTORS, INC., Defendants. MARISSA GROSS d/b/a DOWN CREEK GALLERIES, RHONDA G. DERPJNG, and ROBERT D., on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CONSTRUCTION SERVICES, INC., Defendant. MISS OCRACOKE, INC., STEPHEN J. WILSON, HATTERAS BLUE, INC., STEVEN J. HARRIS, STEVEN WRIGHT, CHARLES EDWARD HOFMANN, and ALEX DANIEL GARRISH, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CONSTRUCTION ENTERPRISES, INC., PCL CIVIL CONSTRUCTORS, INC., PCL CONSTRUCTION SERVICES, INC., and PCL CONSTRUCTION RESOURCES USA INC., Defendants. MATTHEW BREVELERI, on behalf of himself and all others similarly situated, Plaintiff,
v.
PCL CONSTRUCTION ENTERPRISES, INC. and PCL CIVIL CONSTRUCTORS, INC., Defendants. THOMAS EDGAR, NINA EDGAR, EDWARD WAAS, and JACK LEWIS, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CIVIL CONSTRUCTORS, INC., Defendant. BRIGGS MCEWAN, LAS OLAS, INC., TRI-V CONERY, INC., TAMI LYNETTE GRAY d/b/a FAMILY WATER ADVENTURES, DANIEL SPAVENTA, KAREN FITZPATRICK, and EDWIN FITZPATRICK, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
PCL CIVIL CONSTRUCTORS, INC., PCL CONSTRUCTION ENTERPRISES, INC., and PCL CONSTRUCTION SERVICES, INC., Defendants.

          ORDER

          JAMES C. DEVER III Chief United States District Judge.

         On September 26, 2017, plaintiffs in the six above-captioned proceedings filed a motion for interim relief and a motion to consolidate. Plaintiffs have moved the court to enter an interim order staying or extending the existing deadlines in those cases, pending resolution of the underlying motion to consolidate.

         Plaintiffs in the following cases join in the motion, and defendants consent. The various deadlines are:

1. Island Vibe Cafe, et al. v. PCL Construction Enterprises, Inc., et al., No. 4:17-cv-101-D (federal court complaint filed on July 31, 2017).
a. Under a waiver of service [D.E. 12], defendants must respond to the complaint by October 2, 2017.
2. Gross d/b/a Down Creek Galleries, et al. v. PCL Construction Services, Inc., No. 4:17-cv-102-D (federal court complaint filed on July 31, 2017).
a. Under a waiver of service [D.E. 12], defendant must respond to the complaint by October 13, 2017.
3. Miss Ocracoke, Inc. et al. v. PCL Construction Enterprises, Inc.. et al.. No. 4:17-cv-103-D (federal court complaint filed on August 2, 2017).
a. Under a waiver of service [D.E. 14], defendant must respond to the complaint by October 20, 2017.
b. A motion to intervene was filed by proposed plaintiff-intervenor Arch Insurance Company ("Arch") on September 20, 2017 [D.E. 17]. Plaintiffs and defendant must respond to the motion to intervene by October 11, 2017. See Local Civil Rule 7.1(f)(1).
4. Breveleri, et al. v. PCL Construction Enterprises, Inc., et al.. No. 4:17-cv-107-D (federal court complaint filed on August 8, 2017).
a. Under a waiver of service [D.E. 7], defendants must respond to the complaint by October 13, 2017.
b. Arch filed a motion to intervene on September 20, 2017 [D.E. 11]. Plaintiffs and defendant must respond to Arch's motion to intervene by October 11, 2017.
5. Edgar, et al. v. PCL Civil Constructors, Inc.. No. 5:17-cv-445-D (removed to federal court on ...

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