Kinsinger et al v. Smartcore, LLC et al

Filing 172

ORDER: The parties are DIRECTED to comply with the resolutions and deadlines that were agreed to by counsel during the telephonic hearing. Plaintiffs' counsel to promptly file brief and supporting exhibits. Counsel for b oth parties to submit agreed Consent Order within 10 days. Plaintiffs' counsel is to promptly withdraw the subpoenas. Following withdrawal of subpoenas, counsel to promptly withdraw the motions to quash and motion for a protective order. Defenda nt Winn, by counsel, is to file a complete and itemized listing of assets that are not subject to exemption within 30 days. Given the results of the telephonic hearing and agreed resolutions, Order (Doc. 162), has been rendered unnecessary. Signed by Erica H. Petri, Hearing Officer Designee on 3/25/2021. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ERIC KINSINGER, et al.,
Plaintiffs,
v.
SMARTCORE, LLC, et al.,
Defendants.

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Civil Case No. 3:17cv643-FDW-DCK

ORDER
The matter came before the undersigned for a telephonic hearing on Defendant William H.
Winn, Jr.’s claimed exemptions pursuant to N.C. Gen. Stat. § 1C-1603(e)(7). Counsel for Plaintiffs
and for Defendant Winn were both present at the transcribed March 25, 2021 telephonic hearing.
For good cause, the parties are DIRECTED to comply with the following resolutions and
deadlines that were agreed to by counsel during the course of the telephonic hearing:
1. Plaintiffs’ counsel is to promptly file in CM/ECF the brief and supporting exhibits that
were emailed directly to the undersigned on March 24, 2021, but not properly filed in
the case.
2. Counsel for Plaintiffs and for Defendant Winn are to submit an agreed Consent Order
for the Court’s signature with respect to Defendant Winn’s North Carolina statutory
exemptions within ten (10) days of the telephonic hearing.
3. Plaintiffs’ counsel is to promptly withdraw the subpoenas that were served on Defendant
Winn and Misty Winn requesting the production of various documents in connection
with the telephonic hearing.
4. Following the withdrawal of the subpoenas by Plaintiffs’ counsel, Defendant Winn’s
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counsel is to promptly withdraw, on the record, the motions to quash and motion for a
protective order that were filed in CM/ECF on March 24, 2021 (Docs. 166 and 168).
5. Defendant Winn, by counsel, is to file in CM/ECF a complete and itemized listing of
his assets that are not subject to exemption within thirty (30) days of the telephonic
hearing.
Given the results of the telephonic hearing and the parties’ agreed resolutions listed above,
the preparation and submission of a Memorandum and Recommendation by the undersigned to the
Court, as requested in the Court’s November 10, 2020 Order (Doc. 162), has been rendered
unnecessary.

March 25, 2021

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Erica H. Petri, Hearing Officer Designee

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