Rudolph et al v. Beacon Independent Living, LLC et al

Filing 144

ORDER striking #140 Motion for Summary Judgment ; striking #141 Motion for Summary Judgment ; striking #142 Motion for Summary Judgment ; striking #143 Motion for Summary Judgment. Signed by District Judge Frank D. Whitney on 7/18/2012. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:11-cv-00617-W
MARY B. RUDOLPH, RUDOLPH-RAAD,
INC., and FAMILY FORUM, INC.,
Plaintiffs,
vs.
BEACON INDEPENDENT LIVING LLC,
FRANK MCCOLLUM, BRUCE L.
BLEIMAN, ANTOINE LASSITER, ED
BOWERS, in his capacity as Receiver for
Charlottetown Manor, Inc., WIND N SEA
HOLDINGS, LLC, and WESLEY L.
DEATON, Substitutes Trustee of that Deed
of Trust executed by Rudolph-Raad, Inc.,
dated the 28th day of June, 2002, and
recorded July 1, 2002, in Book 13761, Page
926 of the Mecklenburg County Public
Registry and re-recorded on January 17,
2003, in Book 14708, Page 79 of the
Mecklenburg County Registry,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court sua sponte following initial review of several motions
for summary judgment filed yesterday (Docs. Nos. 140, 141, 142, 143). These Defendants’
memoranda fail to contain a word count certification as required under the case management order
in this case. The Court’s Initial Scheduling Order (Doc. No. 47), paragraph 3(b)(iv), clearly
provides, “The memorandum of law shall include a certificate by the attorney (or the party if
unrepresented), subject to Rule 11, that the submission complies with the foregoing word limitation.
Non-complying briefs will be stricken summarily from the record.”

IT IS THEREFORE ORDERED that the Court hereby STRIKES Defendant Wind N Sea
Holdings, LLC, “Brief in Support of its Motion for Summary Judgment” (Doc. No. 140), and all of
the motions for summary judgment filed by Defendants Antoine Lassiter, Bruce Bleiman, and
Beacon Independent Living, LLC, (Docs. Nos. 141, 142, 143).
IT IS ALSO ORDERED that the Court hereby grants leave to amend these pleadings and
refile no later than 5:00 pm today, July 18, 2012. In light of this order, the Court also sua sponte
extends the time for filing responses to these motions to 5:00 pm on July 25, 2012. No extensions
of time will be granted for the filing of replies, as that is a consequence resulting from these
Defendants’ failure to comply with this Court’s order.
IT IS SO ORDERED.
Signed: July 18, 2012