Phillips et al v. USDA Forest Service et al

Filing 24

ORDER striking 22 Miscellaneous Filing. Signed by Magistrate Judge Dennis Howell on 11/9/11. (nll)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11-cv-152
FRANK W. PHILLIPS, JR. and wife,
VIVIEN PHILLIPS; MITCHELL LUMBER
COMPANY, INC.; MARTHA PHILLIPS,
widow; TONI RUTH SMITH; and RUFFIN
PHILLIPS AYERS and husband, ROGER
ELLIS AYERS, JR.,

)
)
)
)
)
)
)
Plaintiffs,
)
)
vs.
)
)
TERRI HOPE DUGAS; IRENE W. CAIN; )
JUDY EDMONDS RIGGINS and husband,)
RUSSELL LEWIS RIGGINS; MICHAEL J. )
BIRCH and wife, FRANCES J. BIRCH;
)
VAN S. BOYD and wife, PATRICIA ANN )
BOYD; JOSEPH K. HALL and wife,
)
GLORIA B. HALL; ANTHONY M. MILICI )
and wife, SELENA MILICI; and the U.S. )
DEPARTMENT OF AGRICULTURE
)
FOREST SERVICE,
)
)
Defendants.
)
_______________________________
)

ORDER

Pending before the Court is the “Praecipe” filed by the United States of
America on behalf of the U.S. Department of Agriculture Forest Service [# 22].
The United States requests that the Court substitute it as the proper party in place of
the U.S. Department of Agriculture Forest Service, as well as other relief. A
“Praecipe” is defined in Black’s Law Dictionary as:
1. At common law, a writ ordering a defendant to do some act or to
explain why inaction is appropriate.—Also termed writ of praecipe. 2.
A written motion or request seeking some court action, esp. a trial
setting or an entry of judgment.

Black’s Law Dictionary 1192 (7th ed. 1999).
Rule 7 of the Federal Rules of Civil Procedure provides that “[a] request for a
court order must be made by motion.” Fed. R. Civ. P. 7(b)(1). Pursuant to Local
Rule 7.1, a party must file both a motion and a supporting brief. LCvR 7.1(C). If
the United States seeks an order from this Court, it should file a motion as set forth
in the Federal Rules and the Local Rules. Such motion should “state with
particularity the grounds for seeking the order” as well as the “relief sought.” Fed.
R. Civ. P. 7(b)(1). Moreover, the motion should set forth the applicable Federal
Rule of Civil Procedure, which provide for the substitution of parties.
Accordingly, the Court STRIKES the Praecipe filed by the United States [# 22].

Signed: November 9, 2011

2