P.B. v. Burke County Public Schools Board of Education et al

Filing 125

ORDER that the #122 Order to Show Cause is hereby DISCHARGED. Signed by District Judge Martin Reidinger on 1/27/16. (ejb) Modified text on 1/27/2016 (ejb). NEF Regenerated.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION P.B. as Lawful Guardian Ad Litem of Minor Child, Jane Doe, ) ) ) Plaintiff, ) ) vs. ) ) BURKE COUNTY PUBLIC SCHOOLS ) BOARD OF EDUCATION, LINDA ) BRADSHAW, JOHN ROES 1-10, and ) MICHAEL ANDREW ALEXANDER, ) ) Defendants. ) ________________________________ ) ) M.B. as Lawful Guardian Ad Litem ) of Minor Child, L.B., ) ) Plaintiff, ) ) vs. ) ) BURKE COUNTY PUBLIC SCHOOLS ) BOARD OF EDUCATION, LINDA ) BRADSHAW, JOHN ROES 1-10, and ) MICHAEL ANDREW ALEXANDER, ) ) Defendants. ) ________________________________ ) CIVIL CASE NO. 1:12-cv-00334-MR-DLH ORDER CIVIL CASE NO. 1:13-cv-00009-MR-DLH THE MATTER of A.B., who was formerly the Lawful Guardian Ad Litem of Minor Child, L.B., case number 1:13-cv-00009-MR-DLH, is before the Court following the Show Cause hearing convened January 21, 2016. In July, 2015, the Court received of a letter from the Special Guardian Ad Litem, Peggy M. Saunders. [Doc. 119-1]. Upon review of Ms. Saunders’ letter, the Court ordered that Plaintiff A.B., who was then the Lawful Guardian Ad Litem of Minor Child, L.B.; the minor child L.B.; the Special Guardian Ad Litem; and counsel of record for these persons appear before the Court on December 18, 2015, to show cause why the terms of the approved settlement in this matter had not been carried out. Present at the December 18, 2015, hearing, were all of the parties required by the Court to be in attendance with the exception of Plaintiff A.B., as Lawful Guardian Ad Litem of Minor Child, L.B. At that time, the Court relieved Plaintiff A.B. from the duties of Lawful Guardian Ad Litem of Minor Child L.B. and appointed M.B. to succeed A.B. in that capacity. [Doc. 120]. Further, the Court entered a Show Cause Order directing A.B. to appear before the Court on January 21, 2016, to explain why a civil contempt sanction would not issue for A.B.’s absence from the December 18, 2015, hearing and for A.B.’s failure to discharge the duties attending one appointed as the lawful guardian ad litem of a minor child. [Doc. 122]. On January 21, 2016, A.B. appeared before the Court as directed. For the reasons stated on the record by A.B. to the Court during such hearing, 2 IT IS HEREBY ORDERED that the Show Cause Order [Doc.122] is hereby DISCHARGED. IT IS SO ORDERED. Signed: January 27, 2016 3

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