Jones v. Higgins et al

Filing 35

ORDER denying 33 Notice of Substitution of Counsel of Isaac N. Northup, Jr. and it is Ordered that Elizabeth C. Franks shall, on or before July 5, 2017, file with the Court either a statement of her intention to continue to represent G & R. Trucking Company, Inc. or that she file a motion to withdraw. Signed by Magistrate Judge Dennis Howell on 6/16/2017. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 409

TALMAGE LEE JONES, JR.,

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Plaintiff,
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v
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JASON ANTHONY HIGGINS AND G & R )
TRUCKING CO. INC., AND CMH
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MANUFACTURING, INC.,
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Defendants
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v
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CMH MANUFACTURING, INC.,
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Third-Party Plaintiff,
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v
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HOYLE’S TIRE AND AXLE, LLC d/b/a
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HOYLE TIRE & AXLE,
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Third-Party Defendant.
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________________________________________

ORDER

THIS MATTER is before the undersigned pursuant to Notice of Substitution
of Counsel and Unopposed Motion for an Extension of Time (#33) filed by Isaac N.
Northup, Jr. filed on behalf of Defendant G & R Trucking Company, Inc. In the
motion, Defendant requests not only an extension of time to file an answer, which
has already been allowed by this Court (#34), but Defendant further advises that
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Elizabeth C. Franks, counsel for Defendant, has a conflict of interest and will be
filing a motion to withdraw. The undersigned has examined the file in this matter
and such a motion has not been made. As a result, the Notice of Substitution of
Counsel (#33) and request that Mr. Northup be substituted as counsel for Defendant,
G & R Trucking Company, Inc. is denied without prejudice. Should Ms. Franks file
a motion to withdraw, this Court will act upon it and at that time, Mr. Northup can
make an appearance in this matter, should he chose to do so.
ORDER
IT IS, THEREFORE, ORDERED that the Notice of Substitution of Counsel
(#33) of Isaac N. Northup, Jr. is DENIED and it is Ordered that Elizabeth C. Franks
shall, on or before July 5, 2017, file with the Court either a statement of her intention
to continue to represent G & R. Trucking Company, Inc. or that she file a motion to
withdraw.

Signed: June 16, 2017

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