Parlier v. Lewis et al

Filing 67

ORDER ordering Plaintiff to file a written response within 14 days of the filing of this order to re 66 Defendant Casteen's MOTION to Dismiss; MOTION for Attorney Fees; MOTION to Compel; MOTION for Sanctions and MOTION for Order to Show Cause. Plaintiff's responses due by 11/12/2015. Signed by District Judge Richard Voorhees on 10/26/15. (Pro se litigant served by US Mail - mailing copy of document no. 66 & order.)(smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:14-CV-00085-RLV-DCK
JAMES LEE PARLIER,
Plaintiff,
v.
MARILYN MEEKER BERNSTEIN;
KANSAS CITY PREMIER
APARTMENTS, INC.;
DOES 1 – 10; JASON STAHL;
MARIA BOGDANOVA PEIFER;
BRENDA CASTEEN; AND TIFFANY
LEWIS,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Defendant Brenda Casteen’s Motion for
Contempt, Sanctions and Attorney Fees made pursuant to Rule 37 of the Federal Rules of Civil
Procedure (the “Motion”). [Doc. No. 66]. The Motion seeks an order from this Court: (1)
dismissing Plaintiff’s Complaint with prejudice; (2) striking Plaintiff’s Answer to Defendant
Casteen’s Counterclaim; (3) entering default judgment against Plaintiff and in favor of Defendant
Casteen on her Counterclaim; (4) scheduling a hearing to determine damages to be awarded
Defendant Casteen on her Counterclaim; (5) awarding Defendant Casteen her reasonable expenses
and attorney’s fees incurred with respect to the Motion and her previous motion to compel; and
(6) further relief as this Court determines in accordance with applicable law. [Doc. No. 66] at pp.
3-4.
THIS ORDER SERVES TO WARN Plaintiff that his action may be dismissed and
Defendant Casteen may be awarded the relief sought in her Motion and Counterclaim if Plaintiff

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does not appropriately respond to and address the pending Motion. See Roseboro v. Garrison, 528
F.2d 309, 310 (4th Cir. 1975); Bullard v. Forde, 2011 U.S. Dist. LEXIS 75157, at *1-2 (D.S.C.
2011).
Plaintiff is advised that he is being afforded an opportunity to respond to Defendant’s
Motion by filing a written response with this Court. This writing MUST BE FILED WITHIN
FOURTEEN (14) DAYS of the filing of this Order. A copy of any written response must also be
served on counsel for Defendant Casteen. THE CLAIMS YOU ASSERT IN YOUR

COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF YOU DO NOT
RESPOND TO DEFENDANT’S MOTION WITHIN THE ALOTTED TIME.
FURTHER,

JUDGMENT

MAY

BE

ENTERED

AGAINST

YOU

ON

DEFENDANT’S COUNTERCLAIM AND DAMAGES MAY BE AWARDED TO
THE EXTENT SUCH ARE PROVEN TO ARISE THEREFROM. MOREOVER,
SANCTIONS, IN THE FORM OF COSTS AND ATTORNEY’S FEES, MAY BE
ASSESSED AGAINST YOU AND IN FAVOR OF DEFENDANT.
Plaintiff is advised to heed the following warning. Even pro se parties proceeding in
federal court have duties pursuant to the Federal Rules of Civil Procedure, particularly Rule 11.
When Plaintiff signs and presents to the Court a pleading or other filing, Plaintiff is certifying that
“to the best of [his] knowledge, information, and belief, formed after an inquiry reasonable under
the circumstances” that he is not making filings “for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of litigation” and that “the factual contentions
have evidentiary support, or, if specifically so identified, will likely have evidentiary support after

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a reasonable opportunity for further investigation or discovery.” Fed. R. Civ. P. 11(b). Violating
these obligations can result in sanctions, including monetary sanctions. Fed. R. Civ. P. 11(c).
IT IS, THEREFORE, ORDERED THAT
(1)

Plaintiff must file a written response to Defendant Casteen’s Motion (Doc. No. 66)
within FOURTEEN (14) DAYS of the filing of this Order; and

(2)

The Clerk is directed to mail a copy of this Order and a copy of Defendant Casteen’s
Motion (including attachments and exhibits) to the last known address of the
Plaintiff that is on file in the Court’s records.

SO ORDERED.
Signed: October 26, 2015

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