Duffy et al v. Facebook, Inc. et al

Filing 108

ORDER granting 105 Motion for Leave to Appear Pro Hac Vice. Phyllis A. Jones is admitted to practice pro hac vice before the Court in this matter while associated with local counsel. Signed by Magistrate Judge W. Carleton Metcalf on 9/28/2020. (maf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 123 MR WCM
ROBERT BARON DUFFY and
ROBERT LOUIS GARY,
Plaintiffs,
v.
FACEBOOK, INC.,
WAYNE HAWKINS, and
JAMES SWENSON
Defendants.
__________________________________

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ORDER

This matter is before the Court on the Motion for Admission Pro Hac

Vice and Affidavit (the “Motion,” Doc. 105) filed by Charles E. Johnson. The
Motion indicates that Mr. Johnson, a member in good standing of the Bar of
this Court, is local counsel for Defendant Facebook, Inc., and that he seeks the
admission of Phyllis A. Jones, who the Motion represents as being a member
in good standing of the Bar of the District of Columbia. It further appears that
the requisite admission fee has been paid.
Plaintiff opposes the Motion. Doc. 107. Plaintiff contends that pro hac

vice admission is discretionary, and that this Court should deny Mr. Johnson’s
request due to the late procedural posture of this case (i.e., following
completion of discovery, a ruling on summary judgment, and an appeal) and
because Facebook’s current counsel is experienced and competent. See Doc.
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107, pp. 3-4. Further, Plaintiff expresses concern with the amount of time “it
will likely take new counsel to get ‘up to speed,’” the “likelihood” of a trial date
being set soon, and that Ms. Jones “is likely to have a very busy litigation
schedule of her own,” which may present additional scheduling challenges.
The undersigned is not persuaded that the admission of Ms. Jones pro

hac vice will result in unnecessary delays or that the motion should otherwise
be denied.
Accordingly, the Court GRANTS the Motion (Doc. 105) and ADMITS
Phyllis A. Jones to practice pro hac vice before the Court in this matter while
associated with local counsel.

Signed: September 28, 2020

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