Cruz v. TRT Holdings, Inc., et al.

Filing 39

ORDER denying 33 Motion for Leave to Appear Pro Hac Vice. Signed by Senior Judge Graham Mullen on 6/7/2011. (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-CV-110
ANNY CRUZ,

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Plaintiff,
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v.
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TRT HOLDINGS, INC.,
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Defendant.
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____________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s Motion to Appear Pro Hac Vice, filed
on April 14, 2011. [D.I. 33]. Defendant filed a Response to Plaintiff’s Motion on April 15,
2011, arguing that Plaintiff must obtain local counsel for pro hac vice admission. [D.I. 34].
After reviewing the pleadings, the Court informed the parties via telephone that Plaintiff would
be allowed to withdraw the Motion to Appear Pro Hac Vice and file a motion for special
admission without local counsel. Despite such instruction, Plaintiff’s counsel failed to do so for
several weeks. As a result, the Court issued an order on May 19, 2011 ordering Plaintiff to
follow the Court’s previous instructions to withdraw the current Motion and file a motion for
special admission by May 24, 2011. [D.I. 36]. Plaintiff’s counsel was warned that failure to
follow such instructions would result in a denial of Plaintiff’s Motion to Appear Pro Hac Vice,
and the Court would require Plaintiff to obtain local counsel. Id. Plaintiff has yet again failed to
follow the Court’s instructions. Special admission to this Court without the usual requirement of
local counsel is a privilege, not a right. Plaintiff’s conduct has demonstrated that local counsel
will be necessary to ensure that the Plaintiff follows the Local Rules and orders of this Court.
Plaintiff’s Motion is therefore DENIED without prejudice to refiling once Plaintiff obtains local

counsel.
SO ORDERED.

Signed: June 7, 2011