Jones v. CBOCS, Inc.

Filing 8

ORDER a Status of Counsel Hearing is set for 10/8/2010 10:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell.) Signed by Magistrate Judge Dennis Howell on 9/30/10. (ejb)

- D L H Jones v. CBOCS, Inc.

Doc. 8

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 :1 0 cv 1 6 7 R H O N D A S. JONES, P l a i n t if f , V s. C B O C S , INC., D e fe n d a n t . _______________________________ ) ) ) ) ) ) ) ) ) )

ORDER

T H IS MATTER is before the court on the court's review of the docket. Such rev iew reveals that counsel for plaintiff has failed to heed two notices sent by the C lerk of this court: N o tice to Jack A. Lyda: Pursuant to Local Rule 83.1 you are required to R eg ister for ECF at www.ncwd.uscourts.gov. Deadline by 8/26/2010. (ejb ) (Entered: 08/16/2010) an d N O T I C E pursuant to Local Rule 16.1 you are required to conduct an I n itia l Attorney's Conference. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in ac c o r d a n ce with Local Rules 16.1(A) and 73.1(C). The Certificate of In itial Attorneys Conference should be filed within 7 days of the c o n f e r en c e . If appropriate, a party may file a Motion to Stay the Initial A tto r n e y 's Conference. (nll) Hard copy mailed to pltf's counsel. Modified tex t on 8/24/2010 (nll). (Entered: 08/24/2010) M r . Lyda has failed to comply with either deadline even though both deadlines ran
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Dockets.Justia.com

m o re than 30 days ago. Disobedience of notices sent by the Clerk of this court is not to le ra te d by the judges of this court, especially where the disobedience is by a licensed a tto r n e y . While the court can understand being unfamiliar with federal practice and even n o t wanting to proceed in federal court upon removal, Mr. Lyda's options were to eith er comply with the directions of this court or seek to withdrawal - - doing nothing w as not an option. Further compounding the problem is a representation from o p p o sin g counsel that Mr. Lyda is not returning calls. T h is matter will, therefore, be set for a status of counsel hearing on October 8, 2 0 1 0 , at 10 a.m. Mr. Lyda will there explain why he has failed to comply with the d irectio n s of this court. Unless Mr. Lyda brings this action into full compliance by O cto b er 6, 2010, and this court cancels such hearing, Mr. Lyda will be personally resp o n sib le for any costs and fees incurred by defendant in attending such hearing if it is determined that he has willfully disobeyed such notices.

ORDER IT IS, THEREFORE, ORDERED that a status of counsel hearing is C A L E N D A R E D for October 8, 2010, at 10 a.m. Mr. Lyda will there explain why he h as failed to comply with the directions of this court.

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Signed: September 30, 2010

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