McNeill v. Herring et al

Filing 63

ORDER that, within five (5) days of this Order, counsel for Defendants shall comply with the August 6 and September 14, 2021 Orders, and file a Response explaining why sanctions should not be imposed. ( Responses due by 10/18/2021 ). Signed by Senior Judge Graham Mullen on 10/12/2021. (Pro se litigant served by US Mail.)(ef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:18-cv-189-GCM
JAMES C. MCNEILL,
Plaintiff,
vs.
JHON HERRING, et al.,
Defendants.
_______________________________

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5-DAY ORDER

THIS MATTER is before the Court sua sponte.
The pro se incarcerated Plaintiff brought this civil rights action pursuant to 42 U.S.C. §
1983. It is presently scheduled for a jury trial on November 1, 2021. (Doc. No. 60).
On August 6, 2021, the Court issued an Order instructing the parties, “[f]our full weeks
before the first day of the term in which this case has been placed on a published trial calendar,”
to file a trial brief, joint statement, proposed jury instructions, and requested questions for voir
dire. (Doc. No. 60 at 2). The Order provides that “[f]ailure to comply with this deadline WILL
result in sanctions.” (Id.). On September 14, 2021, the Court issued an Order reiterating the
October 4, 2021 deadlines and notifying counsel that the failure to comply by 4:00 PM that day
would result in sanctions. (Doc. No. 62).
The October 4 deadline has expired and counsel for Defendants has failed to comply.
Within five (5) days of this Order, counsel shall comply with the August 6 and September 14
Orders, and file a Response explaining why sanctions should not be imposed.
IT IS, THEREFORE, ORDERED that, within five (5) days of this Order, counsel for
Defendants shall comply with the August 6 and September 14, 2021 Orders, and file a Response

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explaining why sanctions should not be imposed.
The Clerk is instructed to transmit a copy of this Order to James B. Trachtman, Special
Deputy Attorney General, Section Head, Public Safety Section, North Carolina Department of
Justice, [e-mail].

Signed: October 12, 2021

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