IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:21-CV-25-D

DANIEL MCCARTHY, ) and PHIL SCALZO, ) ) □ Plaintiffs, ) ) v. ) ORDER ) ACTIVE ENERGY GROUP, PLC, etal., ) . □ ) Defendants. )

The court has reviewed plaintiffs’ complaint and defendants’ motion to dismiss under the governing standard. See Fed. R. Civ. P. 12(b)(6); Ashcroft v. Iqbal,

(2009); Bell Atl. Corp. v. Twombly,

(2007); Coleman v. Md. Court of Appeals,

(4th Cir. 2010), aff'd,

(2012); Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc.,

(4th Cir. 2009); Giarratano v. Johnson,

(4th Cir. 2008). The court DENIES defendants’ motion to dismiss [D.E. 18]. United States Magistrate Judge Jones is available to host a settlement conference. The parties shall notify the court not later than January 10, 2022, if they would like to participate in such a conference. If so, Magistrate Judge Jones will schedule the conference at a mutually convenient time for the parties. SO ORDERED. This 22 day of December, 2021.

A = Devo J S C. DEVER II United States District Judge