Bailey et al v. Polk County, North Carolina et al

Filing 49

ORDER granting 48 Motion for Leave to Appear by telephone. Signed by Magistrate Judge Dennis Howell on 09/11/2012. (thh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:10 CV 264 MAX BAILEY; MARGARET DALTON; CASEY JOE HUNTLEY, as personal representative for the Estate of CARLTON BILL HUNTLEY; K.C., by his guardian ad litem Robert C. Carpenter, Esq.; A.D., by her guardian ad litem James W. Kilbourne, Jr., Esq.; and STEVE MARLOWE, ) ) ) ) ) ) ) ) ) Plaintiffs ) ) v ) ) POLK COUNTY, NORTH CAROLINA, ) POLK COUNTY SHERIFF’S ) DEPARTMENT, MATT PRINCE, TRENT ) CARSWELL, CHRIS ABRIL, CHARLES ) GRADY SHEHAN, UNKNOWN POLICE ) OFFICERS, and OTHER UNKNOWN ) STATE AND FEDERAL LAW ) ENFORCEMENT AGENCIES, ) ) Defendants ) ORDER THIS MATTER is before the undersigned pursuant to a filing made by counsel for plaintiffs entitled “Request to Appear by Telephone” (#48) which the undersigned has considered as a motion to continue a hearing that was set in this matter for September 13, 2012 before the undersigned. In the document, plaintiff’s counsel states he is involved in state court that will last two weeks and as a result he is not available to have a conference with the Court. The undersigned will consider the request as a motion to continue and will set a hearing in this matter for Friday, September 28, 2012 at 9:30 a.m. ORDER IT IS, THEREFORE, ORDERED that the undersigned has considered the “Request to Appear by Telephone” (#48) as a motion to continue and will ALLOW the motion and the hearing in this matter is reset for Friday, September 28, 2012 at 9:30 a.m. in Courtroom #2 in the United States Courthouse in Asheville, North Carolina. Signed: September 11, 2012 2

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