Moore, Jr. et al v. Alcatel-Lucent USA, Inc. et al

Filing 148

ORDER denying without prejudice Plaintiffs' #145 Request for Leave to Take Such Deposition. Signed by Magistrate Judge Dennis Howell on 5/8/2017. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 157

HOWARD MILTON MOORE, JR., and
LENA MOORE,

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Plaintiffs
v
3M COMPANY, et al.,
Defendants.

ORDER

THIS MATTER is before the undersigned pursuant to a pleading entitled
“Plaintiffs’ Opposition to Defendants’ Motion for Protective Order From the Second
Videotaped Deposition of Howard Milton Moore and Request for Leave to take such
Deposition” (#145).
LCvR 7.1(C)(2) states as follows:
(B) Motions Not to Be Included in Responsive Briefs. Motions
shall not be included in responsive briefs. Each motion should be set
forth as a separately filed pleading.
The pleadings of the Plaintiffs (#145) and (#146) is in violation of the Rule.
Therefore the portion of Plaintiffs’ Motion requesting leave to take a second
deposition will be denied without prejudice. Should Plaintiffs wish to request such
relief, the Plaintiffs will be required to file a separate motion as required by LCvR
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7.1(C)(2) and will further be required to satisfy the requirement of consultation as
set forth in LCvR 7.1(B).
ORDER
IT IS, THEREFORE, ORDERED that Plaintiffs’ Request for Leave to Take
Such Deposition (#145) will be DENIED without prejudice.

Signed: May 8, 2017

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