Smith et al v. Chapman et al

Filing 193

ORDER that Defendants' Oral Motions (made at the July 15, 2015 hearing) to Withdraw the following Motions for Summary Judgment re #89 , #91 , #93 and #95 are granted without prejudice ; Defendants' Motion for Summary Judgment as to the RICO claims asserted against Defendant Taryn Hartnett #89 will be ruled on by separate Order; deferring ruling on #83 Motion for Sanctions ; deferring ruling on #122 Motion to Strike ; deferring ruling on #128 Memorandum and Recommendations. Signed by District Judge Max O. Cogburn, Jr on 8/26/2015. (Pro se litigant served by US Mail.)(eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:14-cv-00238-MOC-DSC
DOUGLAS R. SMITH, et al.,

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Plaintiffs,
Vs.
AVERY CHAPMAN, et al.,
Defendants.

ORDER

THIS MATTER is before the court on the following motions: (1) Defendant Taryn
Hartnett’s Motion for Summary Judgment (#89); (2) Defendant Taryn Hartnett’s Motion for
Summary Judgment on Counterclaims (#91); (3) Defendants Chapman Legal Group’s and Avery
Chapman’s Motion for Summary Judgment (#93); (4) Defendants Chapman Legal Group’s and
Avery Chapman’s Motion for Summary Judgment on Counterclaims (#95); (5) Defendants
Chapman Legal Group’s, Avery Chapman’s, and Taryn Hartnett’s Motion to Strike (#122); and
(6) Magistrate Judge Cayer’s Memorandum and Recommendation and Certification of Facts
(#128) and the underlying Motion for Sanctions and Contempt of Douglas Smith (#83). The
court scheduled a hearing for oral arguments on these matters, as well as an evidentiary hearing
regarding the Motion for Sanctions and Contempt. See (#138). The court held a hearing on July
15, 2015. At that hearing, after discussions with the court about the status of this case,
Defendants made an oral motion to withdraw all motions for summary judgment except its
motion for summary judgment on Plaintiff’s claims against Defendant Taryn Hartnett made
pursuant to the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §

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1962, (Counts I, III-IV of Plaintiffs’ Complaint (#1)), which are contained in (#89). As stated at
the hearing, the court will grant Defendants’ Motions to Withdraw such motions for summary
judgment without prejudice, and will issue a forthcoming memorandum of decision and Order on
Defendant Hartnett’s Motion for Summary Judgment on the RICO claims. Additionally, for the
reasons discussed at the hearing, the court will enter the following Order regarding the other
pending motions.
ORDER
IT IS, THEREFORE, ORDERED that Defendants’ Oral Motions (made at the July 15,
2015 hearing) to Withdraw the following Motions for Summary Judgment:
1. Defendant Taryn Hartnett’s Motion for Summary Judgment as to Counts II,
V-XII (#89);
2. Defendant Taryn Hartnett’s Motion for Summary Judgment on Counterclaims
(#91);
3. Defendants Chapman Legal Group’s and Avery Chapman’s Motion for
Summary Judgment (#93); and
4. Defendants Chapman Legal Group’s and Avery Chapman’s Motion for
Summary Judgment on Counterclaims (#95);
are GRANTED without prejudice.
The Clerk of Court is instructed to note that the court will rule on Defendants’ Motion for
Summary Judgment as to the RICO claims (Counts I, III-IV of Plaintiffs’ Complaint (#1))
asserted against Defendant Taryn Hartnett (contained within (#89)) by separate Order.
IT IS FURTHER ORDERED that Defendants’ Motion to Strike Improper Affidavit of
Plaintiff Douglas R. Smith (#122) is DEFERRED for consideration at this time. The court will
revisit this matter after the resumed deposition of Plaintiff Doug Smith, currently scheduled to
take place August 24, 2015.

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IT IS FURTHER ORDERED that Defendants’ Motion for Sanctions and Contempt of
Douglas Smith (#83) and Judge Cayer’s Memorandum and Recommendation and Certification
of Facts (#128) are DEFERRED for consideration until the conclusion of this case.

Signed: August 26, 2015

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