Mammoth Grading, Inc.

IN 	THE 	UNITED 	STATES 	DISTRICT 	COURT
FOR THE 	EASTERN DISTRICT OF 	NORTH 	CAROLINA
WESTERN 	DIVISION
NO. 	5:10-CV-316-H
FERGUSON 	ENTERPRISES, 	INC. 	OF VIRGINIA,
Appellant,
v.
MAMMOTH 	GRADING, 	INC., 	Debtor,
Appellee.
FORTRESS 	FENCING, 	LLC,
Appellant,
v.
MAMMOTH 	GRADING, 	INC., 	Debtor,
Appellee.
GENERAL 	CONCRETE 	CONSTRUCTION, 	INC.,
Appellant,
v.
MAMMOTH GRADING, 	INC., 	Debtor,
Appellee.
HANSON AGGREGATES 	SOUTHEAST, 	LLC,
et 	al.,
Appellant,
v.
MAMMOTH GRADING, 	INC., 	Debtor,
Appellee.
Case 5:10-cv-00316-H Document 40 Filed 01/11/11 Page 1 of 2
Case 09-01286-8-SWH Doc 571 Filed 05/26/11 Entered 05/26/11 10:01:02 Page 1 of 2

SITESCAPES, 	LLC,
Appellant,
v.
MAMMOTH 	GRADING, 	INC., 	Debtor,
Appellee.
FERGUSON 	ENTERPRISES, 	INC. 	OF VIRGINIA,
Appellant,
v.
HARRELSON 	UTILITIES, 	INC., 	Debtor,
Appellee.
ON APPEAL 	FROM 	THE 	UNITED 	STATES 	BANKRUPTCY 	COURT
FOR THE 	EASTERN DISTRICT OF NORTH 	CAROLINA
RALEIGH 	DIVISION
This 	matter 	is 	before 	the 	court 	on 	a 	motion 	to 	dismiss
appeal 	filed 	by 	Fortress 	Fencing, 	LLC 	("Fortress") 	on 	December
21, 	2010. 	Fortress 	has 	decided 	not 	to 	pursue 	its 	appeal 	of 	the
bankruptcy 	court's 	order 	due 	to 	the 	costs 	of 	appeal. 	The 	court
GRANTS 	Fortress' 	motion 	[DE 	#38] 	and 	hereby 	DISMISSES 	its
appeal. 	Mammoth 	Grading, 	Inc.' s 	Motion 	to 	Show 	Cause 	and 	to
Dismiss 	Appeals 	Fortress' 	appeal 	is 	DISMISSED 	as 	moot.
n
This 	y ~ day of 	January 	2011.
s 	District 	Judge
At 	Greenville, 	NC
#31
2
Case 5:10-cv-00316-H Document 40 Filed 01/11/11 Page 2 of 2
Case 09-01286-8-SWH Doc 571 Filed 05/26/11 Entered 05/26/11 10:01:02 Page 2 of 2