Lee v. Overbey et al

Filing 233

ORDER denying 219 Motion to Continue and denying 223 Motion to Withdraw as Attorney. This matter remains scheduled for a jury trial beginning, 2/2/10. Signed by Honorable Robert T. Dawson on January 19, 2010. (lw)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MELODY L.LEE, as personal representative of the ESTATE OF JOHN ANDREW MORTON, deceased V. CASE No. 08-2115 PLAINTIFF BOBBY A. OVERBEY, an individual and BRENT HIGGINS TRUCKING, INC., a corporation ORDER DEFENDANTS Now before the Court are Defendants' Motion for Continuance and supporting brief (docs. 219-20); Plaintiff's Response in Opposition and supporting brief (docs. 224 & 226) and Defendants' Reply (doc. 230). Also before the Court are the Motion to Withdraw and supporting brief (docs. 223 & 225) filed by counsel for defendants, James Stanton and Alfred Angulo, and Plaintiff's Response in Opposition and supporting brief (docs. 231-32). This action has been pending since October 2008, and defense counsel has represented the defendants since the inception of this action. 2010. The trial is currently scheduled to begin on February 2, No good cause exists for either a continuance or a withdrawal at this late date, and the allowance of either would only serve to prejudice the plaintiff. Both motions (docs. 219 & 223) are DENIED, and this matter remains scheduled for a jury trial beginning, February 2, 2010. IT IS SO ORDERED this 19th day of January 2010. AO72A (Rev. 8/82) /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?