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

Filing 31

ORDER denying without prejudice Plaintiff's 27 and 28 Motions To Add Additional Party Defendant, File Amended Complaint and Extend Discovery. Signed by Magistrate Judge Dennis Howell on 11/13/2015. (khm)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15 CV 35

TERESA S. PRICE AND THOMAS H.
PRICE,

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Plaintiffs
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v
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U.S. GEAR TOOLS, INC., TEXTRON, INC., )
AECOM, INC., and MICROMATIC, LLC,
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Defendants.
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ORDER

THIS MATTER is before the undersigned pursuant to a motion filed by what
is denoted as the Plaintiffs Thomas H. Price and Teresa S. Price (#28) and another
motion which is filed by Thomas H. Price, Administrator of the Estate of Aaron V.
Price, deceased, (#27). The Court first notes that neither filing has the correct name
of the appropriate Plaintiffs listed in either one of the two motions. The motions are
denoted as a Request to Add Additional Party Defendant, to File Amended
Complaint and to Extend Discovery (#27) & (#28). An examination of the motions
show that in addition to their having incorrect captions, there has been a failure to
file a brief. LCvR 7.1(C) states 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
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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 failure of the above referenced filings (#27) & (#28) to name the
appropriate Plaintiffs and for the failure of Plaintiff’s counsel to file a brief, both
motions will be denied without prejudice.
ORDER
IT IS, THEREFORE, ORDERED that the motions (#27) and (#28) filed in
this matter are DENIED without prejudice.

Signed: November 13, 2015

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