Embry v. Ritzen

Filing 23

ORDER that the Motion, Joint Stipulation and Order Allowing the Filing of Defendant/Counterclaimant/Third Party Plaintiff/Third Party Counterdefendants Amended Counterclaim and Amended Third Party Complaint submitted to the court via CyberClerk is STRICKEN.. Signed by Magistrate Judge Dennis Howell on 3/29/2010. (pdf)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :0 9 cv 3 8 4 D O N A L D C. EMBRY, P la in t if f /C o u n t e r c la im D e fe n d a n t , V s. C A T H IE ST.-JOHN RITZEN, as p u b lic administrator of the Estate o f Igor Sergeyevich Melinetskiy, d ecea sed , D e f e n d a n t /C o u n t e r c la im a n t & Third Party Plaintiff, V s. U .S . XPRESS LEASING, INC., a Tennessee Corporation, T h ir d - P a r t y Defendant. _______________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

T H IS MATTER is before the court on the following paper writing received fro m defendant via CyberClerk: M o tio n , Joint Stipulation and Order Allowing the Filing of D e f e n d a n t / C o u n t e r c l a i m a n t / T h i r d Party Plaintiff/Third Party C o u n terd efen d an t's Amended Counterclaim and Amended Third Party C o m p la in t. S u ch combined motion and proposed Order, which has not been filed, has been sent
-1-

to the court in violation of Local Civil Rule 7.1(A), which provides as follows: (A ) Motions in Writing. Unless made during a hearing or trial, all m o tio n s must be put in writing and filed as provided by LCvR 5.2(C) a n d shall state with particularity the grounds of the motions and shall set fo rth the relief or Order sought. Motions will ordinarily be ruled upon w ith o u t oral argument, unless otherwise ordered by the Court. L .C v .R . 7.1(A). The court simply cannot act on a proposed Order alone, and all co u n sel (who apparently signed off on such submission) are respectfully advised to r ev ie w the Local Civil Rules as well as the Federal Rules of Civil Procedure, which g o v e r n motions practice. ORDER IT IS, THEREFORE, ORDERED that the Motion, Joint Stipulation and O r d e r Allowing the Filing of Defendant/Counterclaimant/Third Party Plaintiff/Third P arty Counterdefendant's Amended Counterclaim and Amended Third Party C o m p lain t submitted to the court via CyberClerk is STRICKEN.

Signed: March 29, 2010

-2-