Kelly v. Solomon et al

Filing 37

ORDER granting 35 Motion for Extension of Time to Answer. K. Beaver answer due 1/9/2019; FNU Deese answer due 1/9/2019; D. Hately answer due 1/9/2019; J. Herring answer due 1/9/2019; K. Ingram answer due 1/9/2019; FNU Kenz a answer due 1/9/2019; FNU Laur answer due 1/9/2019; J. McFauld answer due 1/9/2019; George T. Solomon answer due 1/9/2019; S. Swink answer due 1/9/2019; Alfred William answer due 1/9/2019. ; granting 36 Motion Deem Waivers Timely Filed. The Cler k of Court is respectfully instructed to substitute the parties names as follows:Kenneth Beaver for K. Beaver, Allen X. Deese for FNU Deese, Chris Hatley for D. Hatley, John Herring for J. Herring, Kevin Ingram for K. Ingram, Jeffrey G. Krantz for FNU Kenza, Codi J. Laur for FNU Laur, Scott McFaulds for J. McFauld and Gregory Swink for S. Swink. Signed by Chief Judge Frank D. Whitney on 11/13/18. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-311-FDW
WILLIE T. KELLY, JR.,

)
)
Plaintiff,
)
)
vs.
)
)
GEORGE T. SOLOMON, et al.,
)
)
Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on the Motion to Deem Waivers of Service of
Summons for Defendants Alfred Williams and Jeffrey R. Krantz Timely Filed, (Doc. No. 36), and
Defendants Beaver, Deese, Hatley, Herring, Ingram, Krantz, Laur, McFaulds, Solomon, Swink
and Williams’ Motion for Extension of Time to File Answer or Otherwise Respond to Plaintiff’s
Complaint, (Doc. No. 35).
Defendants Alfred Williams and Jeffrey Krantz request that their service waivers be
accepted as timely filed due to Defendant Williams’ military leave, and the investigation that was
required to identify Defendant Krantz as “FNU Kenza.” The Motion will be granted.
Defendants Beaver, Deese, Hatley, Herring, Ingram, Krantz, Laur, McFaulds, Solomon,
Swink and Williams request an extension of time until January 9, 2019, to file an Answer or
otherwise respond to the Amended Complaint. The Motion will be granted for good cause shown.
The Clerk of Court will be instructed to update the Court file with the Defendants’ correct
names as reflected in Defendants’ filings.
IT IS THEREFORE ORDERED that:
(1)

The Motion to Deem Waivers of Service of Summons for Defendants Alfred
1

Williams and Jeffrey R. Krantz Timely Filed, (Doc. No. 36), is GRANTED.
(2)

Defendants Beaver, Deese, Hatley, Herring, Ingram, Krantz, Laur, McFaulds,
Solomon, Swink and Williams’ Motion for Extension of Time to File Answer or
Otherwise Respond to Plaintiff’s Complaint, (Doc. No. 35), is GRANTED until
January 9, 2019, for good cause shown.

(3)

The Clerk of Court is respectfully instructed to substitute the parties’ names as
follows:
Kenneth Beaver for “K. Beaver”
Allen X. Deese for “FNU Deese”
Chris Hatley for “D. Hatley”
John Herring for “J. Herring”
Kevin Ingram for “K. Ingram”
Jeffrey G. Krantz for “FNU Kenza”
Codi J. Laur for “FNU Laur”
Scott McFaulds for “J. McFauld”
Gregory Swink for “S. Swink”

Signed: November 13, 2018

2