Kenyon et al v. Branch et al

Filing 29

ORDER that attorney Aaron Mayer is DIRECTED to provide Plaintiffs 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 351
CHERYL CELESTE KENYON,
f/k/a CHERYL PORTER;
TAMMY MCABEE,
Plaintiff,
v.
JIMMY LEE BRANCH, in his individual
Capacity as employee of the North
Carolina Department of Public Safety;
TABITHA BATES, in her individual
Capacity as employee of the North Carolina
Department of Public Safety; MS. JACKSON,
In her individual capacity as
Superintendent / Warden of Swannanoa
Correctional Center for Women,
Defendants.
___________________________________

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ORDER

This matter is before the Court on the Motion to Withdraw as Counsel filed by
Plaintiffs’ counsel, Aaron Mayer (Doc. 28).
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. Mr. Mayer filed a similar motion in case #1:17-CV350.
On January 11, 2019, a notice was issued by the Clerk of Court scheduling a
hearing on the Motion for January 31, 2019.

A party in Mr. Mayer’s other case filed a response in opposition, see case # 1:17CV-350, (Doc. 43), which contained additional information relevant to the pending
motion, including that Mr. Mayer’s license to practice law South Carolina has been
suspended and that Peyre Thomas Lumpkin, Esq., has been appointed as a receiver “to
assume responsibility for [Mr. Mayer’s] client files…” and to “protect the interests of
[Mr. Mayer’s] clients.” Matter of Mayer, 424 S.C. 277, 278 (2018).
Accordingly, attorney Aaron Mayer is hereby DIRECTED to provide Plaintiffs
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