Jones v. Higgins et al
Filing
89
ORDER directing all counsel and the parties to appear at 11:15 AM on February 23, 2018. If a party fails to appear, the Court will consider further action. Signed by Magistrate Judge Dennis Howell on 2/22/2018. (kby)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 cv 409
JUDY E. JONES, as Executor of the
Estate of Talmage Lee Jones Jr.,
)
)
)
Plaintiff,
)
)
v.
)
)
JASON ANTHONY HIGGINS, G & R )
TRUCKING COMPANY, INC., and
)
CMH MANUFACTURING, INC.,
)
)
Defendants.
)
)
)
CMH MANUFACTURING, INC.,
)
)
Third-party Plaintiff,
)
)
v.
)
)
HOYLE’S TIRE AND AXLE, LLC d/b/a/ )
HOYLE TIRE & AXLE
)
)
Third-party Defendant.
)
)
___________________________________ )
ORDER
This matter is before the Court sua sponte. After dealing with ambiguity from
the parties regarding a hearing date, the Court ordered the parties to confer and
propose a date on which the outstanding motions could be heard [# 86]. On February
20, 2018, the parties proposed the hearing be set on Friday, February 22, 2018 under
two conditions. The Court, entertaining the conditions, entered a text order setting
the hearing for February, 22, 2018.
On February 22, 2018, a paralegal of counsel for CMH Manufacturing, Inc.
averred to the Court that CMH and Plaintiff had settled. Subsequently, a paralegal
of counsel for Plaintiff averred the same. The Court only learned of this information
because it was following up on a condition set by CMH, that CMH be heard at the
February 22, 2018 hearing through counsel admitted pro hac vice. CMH stated that
it will not need to send an attorney to the hearing. Neither counsel for Plaintiff nor
CMH has filed a withdrawal of motion or a notice of settlement.
The Court has spent hours going over the parties motions. The Court sees no
problem with that because it is the Court’s role to thoroughly evaluate every case
and motion that comes before it. The Court finds problematic, however, the parties
actions and inactions that have led to a possibly moot hearing tomorrow. It is up to
counsel to inform the Court, not for the Court to track down the parties.
Therefore, the Court DIRECTS all counsel and the parties to appear at
11:15 a.m., on February 23, 2018. If a party fails to appear, the Court will consider
further action.
Signed: February 22, 2018
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?