Wilkins et al v. Belmont Industries Inc. et al

Filing 111

ORDER denying 109 Motion to Substitute Party. Signed by Magistrate Judge Dennis Howell on 06/26/2014. (klb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13 CV 165

JOSEPH M. WILKINS and MARY ANNE
WILKINS,

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Plaintiffs
v
CBS CORPORATION, et al.,
Defendants.

ORDER

THIS MATTER has come before the undersigned pursuant to a Motion to
Substitute Party (#109) filed by the Plaintiffs. In the motion, the Plaintiffs request
that Mary Anne Wilkins, individually, and as representative of the estate of Joseph
M. Wilkins, be substituted as Plaintiff in the action.
LCvR 7.1 provides as follows: MOTIONS IN CIVIL ACTIONS.
(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.
(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
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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.
In the Plaintiffs’ Motion to Substitute Party, the Plaintiffs have not shown
either consultation as required by the Rule, nor is there a brief attached to the
motion. For failure of the Plaintiffs to comply with LCvR 7.1(B) and (C), the
Court will deny Plaintiffs’ motion without prejudice.
ORDER
IT IS, THEREFORE, ORDERED that the Plaintiffs’ Motion to Substitute
Party (#109) is DENIED without prejudice.

Signed: June 26, 2014

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