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

Filing 51

ORDER denying 50 Motion to Appear by Telephone for 9/28/2012 Hearing; status conference set in this matter for 9/28/2012 is continued and will be held on 10/1/2012 at 10:00 a.m. in courtroom #2 of the United States Courthouse in Asheville, North Carolina. (SEE ORDER FOR DETAILS) Signed by Magistrate Judge Dennis Howell on 9/14/12. (ejb)

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,

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Plaintiffs
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v
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POLK COUNTY, NORTH CAROLINA,
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POLK COUNTY SHERIFF’S
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DEPARTMENT, MATT PRINCE, TRENT )
CARSWELL, CHRIS ABRIL, CHARLES )
GRADY SHEHAN, UNKNOWN POLICE )
OFFICERS, and OTHER UNKNOWN
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STATE AND FEDERAL LAW
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ENFORCEMENT AGENCIES,
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Defendants
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ORDER

THIS MATTER is before the undersigned pursuant to a Request to Appear
by Telephone (#50) filed by James W. Kilbourne, Jr. Mr. Kilbourne requests to
appear by telephone at a hearing in this matter that has been scheduled for September
28, 2012. The motion will be denied and the undersigned will reschedule the hearing.
As stated in the Order (#47) filed in this matter, the purpose of the hearing is
to consult with the attorneys for the parties concerning the scheduling of a hearing for
the purpose of approving the proposed minors’ settlement in this case. The parties
themselves will not be required to attend the hearing, however the attorneys for the

parties and the guardians ad litem Robert C. Carpenter and James W. Kilbourne, Jr.
will be required to attend. Attendance by telephone will not be allowed.

ORDER
IT IS, THEREFORE, ORDERED that the Request to Appear by Telephone
(#50) is hereby DENIED and the status conference set in this matter for September
28, 2012 is continued and will be held on October 1, 2012 at 10:00 a.m. in courtroom
#2 of the United States Courthouse in Asheville, North Carolina. The attorneys for
the parties and the guardians ad litem Robert C. Carpenter and James W. Kilbourne,
Jr. will be required to attend. The parties themselves are not required to attend the
status conference.
Signed: September 14, 2012

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