Hancock v. Bank of America, N.A. et al

Filing 48

ORDER denying 47 Motion to Compel. Signed by Magistrate Judge Dennis Howell on 09/11/14. (emw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12 CV 239

KENNETH HANCOCK,

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Plaintiff
v
BANK OF AMERICA, N.A. AND
RONALD BERG,
Defendants

ORDER

THIS MATTER is before the undersigned pursuant to Bank of America,
N.A.’s Motion to Compel (#47). Although the motion is described as a Motion to
Compel, the attorney for the Defendant does not describe any relief being presently
sought.

Additionally, the motion does not reflect that there has been any

consultation with the attorneys for the Plaintiff nor has the Defendant filed a brief
in support of the motion. LCvR 7.1(B) and (C) states as follows:
LCvR 7.1(B)
(B) Requirement of Consultation. Any motions other than for
dismissal, summary judgment, or default judgment shall show that
counsel have conferred or attempted to confer and have attempted in
good faith to resolve areas of disagreement and set forth which issues
remain unresolved. The requirement of consultation also applied to
motions for extension of time and to motions for continuance of a trial
or other proceeding. Consultation is not required where the moving
party is represented and the non-moving party is unrepresented, or
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where the motion is for an extension of time to file a responsive
pleading to complaint, counterclaim, crossclaim, or any other initial
petition for relief.
LCvR 7.1(C)
(C) Requirement of Briefs.
Briefs shall be filed
contemporaneously with the motion, except no brief is required in
support of timely motions for extension of time, continuances,
admission pro hac vice, or early discovery. Exhibits in support of a
brief shall be attached as appendices as specified in the Administrative
Procedures. Factual contentions shall be supported as specifically as
possible by citation to exhibit number and page.
Due to the Defendant’s motion not actually requesting relief and the
Defendant, having failed to comply with LCvR 7.1(B) and (C), Defendant’s
motion will be denied.
ORDER
IT IS, THEREFORE, ORDERED that the Bank of America, N.A.’s
Motion to Compel (#47) is DENIED.

Signed: September 11, 2014

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