McCollum, et al. v. Robeson County, et al.

Filing 283

ORDER allowing 265 Motion for Joinder and 266 Motion to Alter Judgment. Kimberly Pinchbeck, as limited guardian and conservator of the estate of Henry Lee McCollum, is ADDED as a party to this action on behalf of Henry Lee McCollum. The Court& #039;s order approving settlement [DE 253] is AMENDED to reflect that the Town of Red Springs defendants shall tender settlement funds for Henry Lee McCollum to Kimberly Pinchbeck as Trustee of the Henry Lee McCollum Irrevocable Trust of 2018. Signed by US District Judge Terrence W. Boyle on 4/26/2018. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-451-BO

RAYMOND TARLTON, as guardian ad !item for
HENRY LEE MCCOLLUM and J. DUANE
GILLIAM, as guardian of the estate of LEON
BROWN,
Plaintiffs,

v.
TOWN OF RED SPRINGS, et al.
Defendants.

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ORDER

This cause comes before the Court on a motion by plaintiff Tarlton, as guardian ad !item
for Henry Lee McCollum, to add Kimberly Pinchbeck, as limited guardian and conservator of the
estate of Henry Lee McCollum, as a plaintiff in this action pursuant to Rules 17 and 19 of the
Federal Rules of Civil Procedure. 1 [DE 265]. Also before the Court is Tarlton's motion to amend
[DE 266] the Court's order approving settlement with defendants Town of Red Springs, Larry
Floyd, and Paul Canady (Town of Red Springs defendants). [DE 253]. The motion to amend the
order approving settlement has been renewed by proposed substitute counsel for Tarlton. [DE
279].

Although its summary judgment order is currently before the court of appeals, the Court has
determined that it has retained jurisdiction to consider these matters which are not implicated by
or involved in the issues currently on appeal. See Stewart v. Donges, 915 F.2d 572, 575-76 (10th
Cir. 1990); McFadyen v. Duke Univ., No. 1:07CV953, 2011WL13134315, at *2 (M.D.N.C. June
9, 2011).
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For good cause shown, and in the absence of opposition, the foregoing motions [DE 265
& 266] are ALLOWED. Kimberly Pinchbeck, as limited guardian and conservator of the estate

of Henry Lee McCollum, is ADDED as a party to this action on behalf of Henry Lee McCollum.
The Court's order approving settlement [DE 253] is AMENDED to reflect that the Town of Red
Springs defendants shall tender settlement funds for Henry Lee McCollum to Kimberly Pinchbeck
as Trustee of the Henry Lee McCollum Irrevocable Trust of2018. See [DE 265-2].

SO ORDERED, this~ day of April, 2018.

~L~
UNITED STATES DISTRICTJUDGE

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