Yarborough v. City of Charlotte et al

Filing 34

ORDER granting 30 Motion to Amend/Correct; granting 30 Motion to Seal Document ; granting 32 Motion for clarification. Plaintiff's corrected Response due on or before 6/7/19. Defendant's Reply briefs will be due based upon the date generated when the Response is filed. Signed by Magistrate Judge David S. Cayer on 6/5/19. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00284-RJC-DSC
JAMES YARBOROUGH,
Plaintiff,
v.
CITY OF CHARLOTTE AND
JON DUNHAM,
Defendants.

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ORDER

THIS MATTER is before the Court on “Plaintiff’s Motion for Leave to File Corrected
Response to Motion for Summary Judgment and to File Under Seal” (document # 30) filed May
10, 2018 and “Defendants’ Motion for Clarification of Deadline to Submit Reply Briefs and
Request that Reply Briefs be Due After Court Rules Upon Plaintiff’s Motion to Amend/Correct
His Brief” (document #32) filed May 14, 2019. For the reasons set forth below, the Motions will
be granted.
The Court finds that this matter should be resolved on the merits and Plaintiff’s failure to
file a complete Response to Defendants’ Motions for Summary Judgment was not intended to
delay the proceedings or prejudice the Defendants. Therefore, Plaintiff is ordered to file a
corrected Response to Defendants’ Motions for Summary Judgment on or before June 7, 2019.
The Court will allow Plaintiff to file this corrected Response under seal, like his previous
Response, based upon prior Order of the Court. Additionally, Defendants’ Reply briefs will be
due based upon the date generated by CM/ECF when the Response is filed.

The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel, and to the Honorable Robert J. Conrad, Jr.
SO ORDERED.

Signed: June 5, 2019