United States District Court, W.D. North Carolina, Asheville Division
Carleton Metcalf United States Magistrate Judge
matter is before the Court on the following:
1) Defendants' Joint Motion to Dismiss (Doc. 5);
2) Plaintiff's “Response to Motion to
Dismiss/Amended Complaint” (Doc. 12);
3) Plaintiff's Response to Show Cause (Doc. 14); and
4) Plaintiff's “Amended Motion for Leave to Amend
and Memorandum of Law in Support” (Doc. 17).
January 23, 2019, Plaintiff commenced this action in state
court. The case was subsequently removed to this Court.
See (Doc. 1).
March 4, 2019, Defendants filed their Joint Motion to Dismiss
(Doc. 5) and a supporting brief (Doc. 6).
March 21, 2019, Plaintiff filed a “Motion for Extension
for Time to Answer or Respond” (Doc. 8) in which
Plaintiff requested that its deadline to respond to
Defendant's Joint Motion to Dismiss be extended to April
18, 2019. Plaintiff's Motion was denied without prejudice
for noncompliance with the Local Rules. See (Doc.
March 28, 2019, Plaintiff filed an “Amended Motion for
Extension for Time to Answer or Respond” (Doc. 10).
That motion was granted and Plaintiff was allowed up to and
including April 18, 2019 within which to respond to
Defendants' Joint Motion to Dismiss. See (Doc.
filed a “Response to Motion to Dismiss/Amended
Complaint” on April 1, 2019 (referred to hereafter as
“Amended Complaint”). See (Doc. 12).
April 3, 2019, the Court directed Plaintiff to show cause why
its Amended Complaint should not be stricken as untimely.
Plaintiff filed its response (Doc. 14) to that Order on April
same day, Plaintiff requested leave to amend its Complaint.
(Doc. 15). Plaintiff's Motion was denied without
prejudice for noncompliance with the Local Rules, and
Plaintiff's counsel was directed to ...