Turner v. McDonald et al

Filing 15

ORDER granting Parties' 14 Consent Motion to Substitute Party, and the new Henderson County Sheriff, Lowell S. Griffin, is substituted for former Henderson County Sheriff, Charles S. McDonald. Signed by Magistrate Judge W. Carleton Metcalf on 12/17/2018. (ejb)

IN THE UNITED STATED DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 334

GEOFFREY TURNER,

Plaintiff,
ORDER
v.
LOWELL S. GRIFFIN, in his official
capacity as Sheriff of Henderson County,
and OHIO CASUALTY INSURANCE
COMPANY, in its capacity as Surety on the
Official Bond of the Sheriff of Henderson
County,
Defendants.
This matter is before the Court upon the parties’ Consent Motion to Substitute Parties (Doc.
14).1 The parties request that the new Henderson County Sheriff, Lowell S. Griffin, be substituted
for former Henderson County Sheriff, Charles S. McDonald. Id. at 1.
For good cause shown, the parties’ Consent Motion to Substitute Parties (Doc. 14) is
hereby GRANTED. The Clerk is respectfully directed to amend the Court’s docket to reflect this
substitution.

Local Rule 7.1(c) states that “a brief must be filed contemporaneously with the motion . . .” Here, while
a brief was submitted, it was embedded in the Motion. For the parties’ future reference, briefs should be
filed separately from the motions they support. See e.g., Traber v. Mortg. Elec. Registration Sys., Inc.,
No. 1:11CV126, 2012 WL 3039714, at *1 (W.D.N.C. July 25, 2012) (local rules “require the filing of a
motion and separate brief”) United States v. 100 Sherwood Forest Drive, Nebo, McDowell Cty., N.C.,
No. 1:09CV409, 2012 WL 242834, at *3 (W.D.N.C. Jan. 25, 2012) (“Local Civil Rule 7.1(C) requires
that a motion be accompanied by a separate brief setting forth the movant's arguments.”).
1

Signed: December 17, 2018