Rice v. Rutledge Road Associates, LLC et al

Filing 37

ORDER denying without prejudice the 36 Motion to Compel. Signed by Magistrate Judge Dennis Howell on 4/14/2016. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15 CV 269

PATRICIA RICE,

)
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Plaintiff/Counterclaim Defendant,
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v
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RUTLEDGE ROAD ASSOCIATES, LLC,
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and GULFSTREAM CAPITAL
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CORPORATION,
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Defendants,
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GULFSTREAM CAPITAL CORPORATION, )
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Third Party Plaintiff,
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STEPHEN D. RICE,
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Third Party Defendant.
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ORDER

THIS MATTER is before the undersigned pursuant to a Motion to Compel
(#36) filed by counsel for the Plaintiff, Patricia Rice. In the motion the Plaintiff
seeks an Order ordering compliance with subpoenas issued to attorneys for the
Defendants and for Dixon Hughes Goodman LLP, an accounting firm that has
allegedly provided services for the Defendant Rutledge Road Associates, LLC.
LCvR 7.1 states:
(A)

Motions in Writing. Unless made during a hearing or trial, all motions
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must be put in writing and filed as provided by LCvR 5.2(C) and shall state with
particularity the grounds of the motions and shall set forth the relief or Order sought.
Motions will ordinarily be ruled upon without oral argument, unless otherwise
ordered by the Court.
(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.
(3)

Exhibits Shall be Numbered and Filed as a Separate

Attachment. All exhibits as well as all pages within an exhibit shall be numbered
prior to filing. Exhibits previously filed shall not be re-filed by any party and may
be incorporated into any other pleading by specific reference to the docket entry,
exhibit number, and page. Each exhibit shall be filed as a separate attachment to the
pleading it supports.
The motion of the Plaintiff is not supported by a brief as required by LCvR
7.1(C) and the exhibits to the motion are not numbered as required by LCvR
7.1(C)(3). For those reasons, the motion of the Plaintiff will be denied without
prejudice.
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ORDER
IT IS, THEREFORE, ORDERED that the Motion to Compel (#36) of the
Plaintiff is DENIED without prejudice.

Signed: April 14, 2016

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