American United Life Insurance Company v. Sumpter et al

Filing 16

ORDER denying without prejudice 15 Motion to Strike Defendant Joanna Arthurs Jury Demand. Signed by Magistrate Judge Dennis Howell on 12/17/2014. (eef)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14 CV 586

AMERICAN UNITED LIFE INSURANCE
COMPANY,

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Plaintiff/Stakeholder in
Interpleader,
v
STEVEN BRUCE SUMPTER and
JOANNA ARTHER,
Defendants/Claimants in
Interpleader.

ORDER

THIS MATTER is before the undersigned pursuant to Plaintiff’s motion to
Strike Defendant Joanna Arthur’s Jury Demand (#15). An examination of the
motion does not show that Plaintiff’s counsel has conferred or attempted to confer
or attempted to resolve in good faith, the issue brought forth in the motion. LCvR
7.1(B) provides as follows:
LCvR 7.1(B)
(B) Requirement of Consultation. Any motions other than for
dismissal, summary judgment, or default judgment shall show that
counsel have conferred or attempted to confer and have attempted in
good faith to resolve areas of disagreement and set forth which issues
remain unresolved.
Due to the fact Plaintiff’s counsel has failed to comply with LCvR 7.1(B),
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the Plaintiff’s motion will be denied without prejudice.
ORDER
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Strike
Defendant Joanna Arthur’s Jury Demand (#15) is DENIED without prejudice.

Signed: December 17, 2014

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