Chester v. Adams Auto Wash

Filing 62

ORDER reagarding 46 Motion for Miscellaneous Relief - Defendant is ordered to pay plaintiff's costs and expenses totaling the sum of $5,000.00 within 30 days from date of entry of this order. In this part, plaintiff's motion for rel ief is ALLOWED. Defendant is admonished in accordance with prior orders immediately to obtain counsel in the case and in any event, not later than 30 days from date of entry of this order. Thereafter the court will enter such other and further orders, including on scheduling, as deemed appropriate. Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-75-FL

JACKIE LEE CHESTER,
Plaintiff,
v.
ADAMS AUTO WASH, INC.,
Defendant.

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ORDER

The procedural posture of the case having been set forth in prior order, the court dispenses
with this recitation and turns squarely to the issues now before it which include award of fees and
expenses to plaintiff upon defendant’s failure to attend scheduling conference before the magistrate
judge, necessity for any amended case schedule, and issues concerning representation of defendant
where it is well-established that a corporation cannot proceed pro se.
The court having allowed plaintiff his reasonable costs and expenses of or relating to the
October 28, 2014, hearing before the magistrate judge, and where plaintiff filed January 20, 2015,
his statement evidencing costs and expenses, to which defendant failed to respond, as sanction
against this defendant for egregious conduct shown on the record, defendant is ordered to pay
plaintiff’s costs and expenses totaling the sum of $5,000.00 within 30 days from date of entry of this
order. In this part, plaintiff’s motion for relief (DE 46) is ALLOWED.
The clerk shall serve a copy of this order on Kyeung-Guk Calvin Min, Registered Agent for
Adams Auto Wash, Inc., 334 N. Spence Avenue, Goldsboro, NC 27530. Defendant is admonished
in accordance with prior orders immediately to obtain counsel in the case and in any event, not later

than 30 days from date of entry of this order. Thereafter the court will enter such other and further
orders, including on scheduling, as deemed appropriate.
SO ORDERED, this the 11th day of March, 2015.

_____________________________
LOUISE W. FLANAGAN
United States District Judge

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