Upon consideration of the petition filed on the 24th day of May 2005 by Defendants and Counter Claimant's (Robert N. Hunter, Jr., MD and Digestive Diseases Diagnostic Center, P.A.) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of October 2005."