Houey et al v. TD Bank, N.A.

Filing 20

ORDER that the parties shall not be required to participate in mediation as set forth in the 11 Pretrial Order and Case Management Plan previously entered in this matter. Signed by Magistrate Judge Dennis Howell on 11/14/11. (Pro se litigant served by US Mail.)(ejb)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11-cv-225 HELEN CLIETTE HOUEY and EMMANUEL HOUEY, ) ) ) Plaintiffs, ) ) vs. ) ) CAROLINA FIRST BANK, TD BANK, ) ) Defendant, ) _______________________________ ) ORDER THIS MATTER has come before the undersigned, pursuant to a filing made by counsel for defendant entitled “Notice of Non-Selection of Mediator” (#17). In the filing, counsel for defendant states that he has attempted to consult with the pro se plaintiffs as to the selection of a mediator. Plaintiffs did not respond to counsel for defendant’s recommendation regarding selection of a mediator. It further appears to the court from an examination of the Order (#18) of United States District Judge Martin Reidinger that although the plaintiffs are appearing pro se, their daughter Michelle Smith, is attempting to appear as attorney for plaintiffs even though she is not a licensed attorney nor is she a party in this matter. Counsel for defendant, in his notice reflected that he had received an email from Michelle Smith regarding the issue of mediation. A further examination of the file in this matter shows that copies of various documents have been sent to the pro se plaintiffs by mail and those notices have been returned as undeliverable even though they were sent to the address reflected in the file. After considering the pleadings filed in this matter, it appears that this case is not suitable for alternative dispute resolution. Local Rule 16.2(B) provides: “The judicial officer may determine, either sua sponte or on application of any party, that any other case is not suitable for ADR, in which case no ADR procedure will be ordered.” The undersigned finds this matter is not suitable for ADR. ORDER IT IS, THEREFORE, ORDERED that the parties shall not be required to participate in mediation as set forth in the Pretrial Order and Case Management Plan (#11) previously entered in this matter. Signed: November 14, 2011