Martin v. Garrett et al

Filing 44

ORDER that attorney Aaron Mayer is DIRECTED to provide Plaintiff and Peyre Thomas Lumpkin with notice of the hearing that has been scheduled in this matter for January 31, 2019 and to provide each of them with a copy of this Order. Signed by Magistrate Judge W. Carleton Metcalf on 1/17/2019. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 350
MARY MARTIN,
Plaintiff,
v.
NAKISHA GARRETT, in her individual
capacity as employee of the North Carolina
Department of Public Safety; BIANCA
HARRIS, in her individual capacity as warden
of North Carolina Correctional Institution for
Women; MS. THOMPKINS, in her individual
capacity as an employee of the North Carolina
Department of Public Safety; WALLY
WAZAN, in his individual capacity as
employee of the North Carolina Department
of Commerce,
Defendants.
___________________________________

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ORDER

This matter is before the Court on the Motion to Withdraw as Counsel filed by
Plaintiff’s counsel, Aaron Mayer (Doc. 41).
In the Motion, Mr. Mayer states that his South Carolina bar license “was placed on
interim suspension” on or about August 21, 2018. The Motion further states that “there
has been no discipline of Mr. Mayer, but his license remains suspended and he is locked
out of his bank accounts.” Id. at 1.
On January 11, 2019, a notice was issued by the Clerk of Court scheduling a
hearing on the Motion for January 31, 2019.

Defendant Wazan subsequently filed a response objecting to the relief sought by
the Motion (Doc. 43). The response cites to an order of the Supreme Court of South
Carolina dated August 24, 2018, which states that Mr. Mayer’s “license to practice law in
[South Carolina] is suspended until further order of this Court.” See (Doc. 43) at 4;
Matter of Mayer, 424 S.C. 277, 278 (2018). The Order further appoints Peyre Thomas
Lumpkin, Esq., as a receiver “to assume responsibility for [Mr. Mayer’s] client files…”
and directs him to “protect the interests of [Mr. Mayer’s] clients.” Matter of Mayer, 424
S.C. at 278.
Accordingly, attorney Aaron Mayer is hereby DIRECTED to provide Plaintiff
and Peyre Thomas Lumpkin with notice of the hearing that has been scheduled in this
matter for January 31, 2019 and to provide each of them with a copy of this Order.
Signed: January 17, 2019