Price v. U.S. Gear Tools, Inc. et al

Filing 29

ORDER denying without prejudice Plaintiff's 26 Motion to Add Additional Party Defendant, to File Amended Complaint and to Extend Discovery. Signed by Magistrate Judge Dennis Howell on 11/13/2015. (khm)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:15 CV 33 THOMAS H. PRICE, Administrator of the Estate of Aaron V. Price, Deceased, ) ) ) Plaintiff ) ) v ) ) U.S. GEAR TOOLS, INC., TEXTRON, INC., ) AECOM, INC., and MICROMATIC, LLC, ) ) Defendants. ) ORDER THIS MATTER is before the undersigned upon the Plaintiff’s Motion to Add Additional Party Defendant, to File Amended Complaint and to Extend Discovery (#26). The Court first notes that upon the caption of Plaintiff’s motion, the Plaintiff has incorrectly stated the file number in this matter as 1:15cv35. The correct file number is 1:15cv33. An examination of this motion further shows that Plaintiff has failed to comply with LCvR 7.1(C). That Rule provides as follows: (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. The Plaintiff has not filed a brief contemporaneously with the filing of 1 Plaintiff’s motion and as a result, the motion will be denied without prejudice. ORDER IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Add Additional Party Defendant, to File Amended Complaint and to Extend Discovery (#26) is DENIED without prejudice. Signed: November 13, 2015 2

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