America's Living Centers-WNC, LLC v. Yarborough et al

Filing 8

ORDER Status Conference set for 1/27/2012 10:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell; Motion Hearing re 7 MOTION to Withdraw as Attorney set for same time. Signed by Magistrate Judge Dennis Howell on 1/13/12. ***See Order for further instructions*** (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11 CV 248

AMERICAN’S LIVING CENTERSWNC, LLC,
Plaintiff
V
HELEN CHRISTY YARBOROUGH,
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

ORDER

Plaintiff filed this action in the Superior Court of Buncombe County on March
19, 2010. Subsequently, on September 23, 2011, the Federal Deposit Insurance
Corporation removed the matter to this court. Presently there is pending before the
court a Motion to Withdraw (#7) filed by Christopher Reinhardt, attorney for Chrystal
Ramseur Jarret. This filing has caused the undersigned to more particularly review
the documents presented by the removal to this court by the Federal Deposit Insurance
Corporation. The undersigned notes the following from the documents presented:
1)

There is nothing contained in the filing that shows the issuance of any

summons or service of summons upon Helen Christy Yarborough, Chrystal Ramseur
Jarret, Ronya Fakhoury Banks, or the original defendant, The Bank of Asheville;
2)

The caption in the Notice of Removal reflects that Helen Christy

Yarborough, Chrystal Ramseur Jarret, Ronya Fakhoury Banks and Asheville Check
Cashing Company has been named as cross-defendants and third-party defendants.

There is nothing to show the issuance of a summons on Asheville Check Cashing
Company or service of summons upon that party;
3)

The documents #1-15 and #1-16 filed by Mr. Reinhardt on behalf of

Chrystal Ramseur Jarret, show a change of name of the defendant Chrystal Ramseur
Jarret to the name of Chrystal Jarret Ramseur and no explanation is provided in any
of the pleadings;
4)

In pleading document #1-16, Mr. Reinhardt names as parties that he

represents the following: Chrystal Jarret Ramseur, Thomas Rest Care Facilities, Inc.,
and C & P Family Care Homes, LLC, which he refers to collectively as the “Ramseur
Parties.” There is no showing in the file that Thomas Rest Care Facilities, Inc. or C
& P Family Care Homes, LLC was ever allowed to intervene or to be named as a party
in this action as either a plaintiff or defendant or in any other manner by any court;
5)

The Motion to Withdraw (#7) filed by Mr. Reinhardt does not reflect

what steps he has taken to protect the interest of his client, be it under the name of
Chrystal Ramseur Jarret, Chrystal Jarret Ramseur, or the interests of Thomas Rest
Care Facilities, Inc. or C & P Family Care Homes, LLC. Nor does he reflect that he
has the consent of any of his clients to withdraw.
Because of the length of time this matter was pending in the Superior Court of
Buncombe County, the number of filings prior to the removal of the case, and the
disarray of the file and pleadings in this matter, the court finds that a status conference
is warranted at which time all attorneys and all parties will be required to appear.
Each attorney in this matter is instructed to advise his or her client that the appearance

2

of the party is mandatory. Counsel for American’s Living Centers-WNC, LLC and
the Federal Deposit Insurance Corporation will be ordered to jointly obtain a
complete, certified copy of all documents contained in file 10-CVS-1449 in the Office
of the Clerk of Superior Court of Buncombe County, North Carolina and said
attorneys will be directed to bring the complete certified copy of the file to the status
conference. All counsel should be prepared to disclose to the court all discovery that
has been conducted in this case so that the court can assure that the Pretrial Order and
Case Management Plan entered by this court is being accomplished and that there has
been full compliance with the order.

ORDER
IT IS, THEREFORE, ORDERED as follows:
1.

That the court will conduct a status conference at 10:30 a.m. on

January 27, 2012 in courtroom #2 of the United States Courthouse in Asheville,
North Carolina concerning this matter. All attorneys and their respective clients are
required to appear. Each attorney in this matter is ordered to instruct their client that
the appearance of the party at this conference is mandatory;
2.

Counsel for American’s Living Centers-WNC, LLC and the Federal

Deposit Insurance Corporation are hereby ORDERED to jointly obtain a complete
and certified copy of all documents contained in file 10-CVS-1449 in the Office of the
Clerk of Superior Court of Buncombe County, North Carolina and said attorneys are

3

ORDERED and directed to bring the complete and certify copy of the file to the
status conference;
3.

Counsel for the parties in this matter are ORDERED to be prepared to

answer the questions of the court regarding the status of this file as is set forth in this
Order;
4.

Counsel in this matter shall be prepared to disclose to the court all

attempts that have been made to complete discovery and to comply with the Pretrial
Order previously entered in this matter; and
5.

Counsel shall be prepared to present arguments concerning the Motion

to Withdraw (#7) filed by Christopher Reinhardt at the status conference.

Signed: January 13, 2012

4