Maclin et al v. Montgomery and Sons Construction Inc et al

Filing 65

ORDER attaching the status report from counsel for Montgomery and Sons Construction, Inc., and John Montgomery. The hearing scheduled for tomorrow will go forward, and the Court will take up the motion to withdraw at the hearing. The Court requests that in the future all counsel communicate with the Court only by filings in the docket. Signed by Judge D. P. Marshall Jr. on 2/12/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
STEPHEN MACLIN; RUBEN TOBIN;
DUSTIN ROBINSON; and GERARD
JOHNSON, all individually and on
behalf of others similarly situated

v.

PLAINTIFFS

No. 4:12-cv-5-DPM

MONTGOMERY AND SONS
CONSTRUCTION, INC. and JOHN
MONTGOMERY, individually and
as owner/manager of Montgomery
and Sons Construction, Inc.

DEFENDANTS

ORDER
This afternoon the Court received the attached letter by fax from counsel
for Montgomery and Sons Construction, Inc., and John Montgomery. The
Court appreciates the status report, but requests that in the future all counsel
communicate with the Court only by filings in the docket. The hearing
scheduled for tomorrow afternoon will go forward. The Court's recent
Orders, Document Nos. 59 & 64, were perfectly clear about Mr. Montgomery's
obligation to appear at the hearing with his records. If he chooses not to do
so, then the Court will consider sanctions, including requiring Montgomery
to show cause why he should not be held in contempt. As planned, the Court
will also take up the motion to withdraw at the hearing.

So Ordered.

fE!;;l~u.~,t:.

D.P. Mars all Jr.
United States District Judge
12 February 2013

-2-

reb. IL. LVIj

No. 0772

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P. 2

HOPKINS & HOLMES
AiTOP.NEYS AT LAW, PLLC

Kevin R. Holmes

[e-mail]

615 North Plaza Drive
P.O. Box 7359
Van Buren. AR 72956

Fort Smith (479) 782·1300
Van Buren [phone]
Facsimile [phone]

February 12, 2013

VIA FACSIMILE- [phone]

Hon. Judge Price Marshall
United States District Court
600 West Capitol, Room B155
Little Rock, AR 72201
RE:

Stephen Maclin; Ruben 'robin; Dustin Robinson; and
Gerald Johnson v Montgomery and Sons Construction, Inc.
Case No. 4:12-cv-5-DPM

Dear Judge Marshall:
I am writing concerning the above captioned matter, and the hearing CWTently set for
tomorrow, February 13, 2013, at 1:00pm. Today, I had a meeting planned with my client, John
Montgomery and his secretary, Shelly Deardorff. At the meeting, I was informed by Ms. Deardorff

that Mr. Montgomery was in Mexico, and would not be returning until late Thursday evening, thus
being unavailable for the hearing tomorrow. According to Ms. Deardorff; Mr. Montgomery believed
that the hearing was still set for February 20, 2013, despite my notification to the contrary.
I am writing as a courtesy to the Court and Mr. Holleman to avoid any unnecessary expense
and waste of the Court's time. I am prepared to appear if the Court desires, along with Ms.
Deardorff, but I do not believe that Mr. Holleman or the Court will be able to accomplish what it
desired at the hearing without Mr. Montgomery's presence. I apologize for any part myofficeplayed
in this delay, and once again. renew my request for the Court to allow me to withdraw from this case.

By this letter I am notifYing opposing counsel, John Holleman, of my communication with
the Court. If the Court should have any questions or wishes to discuss this matter, please do not
hesitate to contact my office at any one of the above numbers.

reb. JL, LUlJ

No. 0772

L:?U~M

Hon. Judge Price Marshall
February 12,2013
Page Two

Very Truly,

,
WP-

Kevin R. Holmes

KRH/mss
cc:
Jobn·Holleman Fax [phone]

P. 3

reo. I L.

LV I J

No. 0I IL

L : ) VriVI

P. 1

HOPKINS & HOLMES
ATTOFI.i\IEYS AT LA.W. PLLC

Carl W. Hopldns~ P.A.

Kevin R. Holmes, P.A.

615 North Plaza Drive
P.O. Box 7359
Van Buren, AR 72956

Fort Smith [phone]

Van Buren [phone]
Facsimile [phone]

FACSIMILE COVER SHEET
DATE:

February 12, 2013

TO:

Hon. Judge Price Marshall

FROM:

Kevin R. Holmes

NUMBER OF PAGES TO FOLLOW: 2
TO FAX NO.

[phone]

FROM FAX NO.

[phone]

IF YOU HAVE QUESTIONS OR PROBLEMS CONCERNING THIS TRANSMISSION,
PLEASE CALL [phone].

RE:

Stephen Maclin; Ruben Tobin; Dustin Robinson; and Gerald Johnson v Montgomery and
Sons Construction, Inc.
Case No. 4: 12-cv-5-DPM

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