LaKemper v. Solomon et al

Filing 126

ORDER that the judicial settlement conference is RE-SET for Wednesday, September 16, 2020 beginning at 2:00 p.m. Defendant's 124 Renewed Motion to Excuse Attendance at the Court-Hosted Settlement Conference is denied. Signed by Magistrate Judge W. Carleton Metcalf on 9/8/2020. (Pro se litigant served by US Mail.)(nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:17 CV 73 MR WCM
COBEY LAKEMPER,

)
)
Plaintiff,
)
)
v.
)
)
GEORGE T. SOLOMON, Director of Prisons, )
ERIC T. DYE, Assistant Superintendent –
)
Alexander C.I., BENJAMIN A. CARVER,
)
Assistant Superintendent - Alexander C.I.,
)
ARTHUR A. SICIAK, Unit Manager –
)
Alexander C.I., RUSSELL CHESTER,
)
THOMAS DULA, CHRISTOPHER RICH,
)
Chief SRG Coordinator – Division of Prisons, )
FELIX TAYLOR, Superintendent –
)
Pasquotank C.I., COLBERT RESPESS,
)
Assistant Superintendent –Pasquotank C.I.,
)
JOSEPH HARRELL, Assistant
)
Superintendent – Pasquotank C.I.,
)
LEVI BROTHERS, SRG Correctional Officer – )
Pasquotank C.I., LARRY SWAIN, SRG
)
Correctional Officer – Pasquotank C.I.,
)
FNU BLANKENSHIP, Correctional Officer – )
Alexander C.I., KENNETH E. LASSITER,
)
Director of Prisons
)
)
Defendants.
)
__________________________________
)

ORDER

This matter is before the Court on Defendants’ Renewed Motion to
Excuse their Attendance at the Court-Hosted Settlement Conference (the
“Renewed Motion,” Doc. 124).

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On July 27, 2020, a notice of hearing was published, setting a judicial
settlement conference for August 18, 2020.
On July 30, 2020, the undersigned entered an Order describing the
arrangements for the conference. Doc. 120.
On August 10, 2020, the remaining Defendants (Brothers, Dula, Swain,
and Chester (“Defendants”)) filed a motion seeking, among other things, leave
to be excused from attending the conference. Doc. 122.
The undersigned issued an Order on August 12, 2020, and granted leave
for Defendants, their counsel, and a representative of the North Carolina
Department of Public Safety (“NCDPS”) to participate in the settlement
conference from different physical locations, provided that defense counsel
ensured that all Defendants, their counsel, and the NCDPS representative
were on one conference line. Doc. 123. The Court denied Defendants’ request
to be excused from participating in the conference altogether. Id.
The day before the scheduled conference, Defendants filed a renewed
motion again requesting that Chester, Swain, and Brothers be excused from
personally attending the conference. Doc. 124, p. 3. Defendants stated that
Chester was currently on FMLA leave through at least September 17, 2020;
that Swain had a scheduling conflict with another legal matter that day; and
that defense counsel “d[id] not have a current telephone number or email
address to contact Defendant Brothers.” Id.
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On August 18, 2020, a telephonic hearing was held on the Renewed
Motion. At that time, defense counsel agreed to continue his efforts to locate
Defendant Brothers and a follow up status conference was scheduled for
September 8.
On September 8, 2020, a telephonic status conference was conducted.
During that status conference, defense counsel explained that Defendants
Swain and Dula were available to participate in a judicial settlement
conference, and that Defendant Chester remained on FMLA leave with an
anticipated return date of September 17, 2020. Defense counsel provided no
authority to indicate that Defendant Chester could not participate in a judicial
settlement conference while on FMLA leave, particularly as to claims asserted
against Defendant Chester in his individual capacity. With respect to
Defendant Brothers, counsel explained that despite calling Defendant
Brothers’ last known telephone number and sending two letters to him, counsel
has been unable to reach Defendant Brothers.
Plaintiff advised that he was willing to proceed with a judicial settlement
conference with the Defendants with whom defense counsel has been in
contact.
As the undersigned has previously explained, as parties to this case,
Defendants themselves have a vested interest in this matter, see Doc. 123, p.

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3, and the undersigned continues to believe that Defendants’ personal
participation in the conference would be beneficial.
With respect to Defendant Chester, the undersigned does not wish to
disturb his leave any more than necessary. However, any intrusion caused by
a settlement conference should be minimal in light of the fact that Defendants
are being allowed to participate by phone from any physical location.
With respect to Defendant Brothers, in view of the inability of defense
counsel to contact him, and Plaintiff’s consent to a settlement conference with
the Defendants with whom defense counsel is in contact, the undersigned will
proceed with a settlement conference. While the undersigned remains hopeful
that defense counsel will be able to contact Defendant Brothers and that he
will participate in the settlement conference, defense counsel, of course,
remains free to file any motions regarding his representation of Defendant
Brother that counsel deems appropriate.
IT IS THEREFORE ORDERED THAT:
1. A judicial settlement conference is RE-SET for Wednesday,
September 16, 2020 beginning at 2:00 p.m.
2. Defendants’ Renewed Motion to Excuse their Attendance at the
Court-Hosted Settlement Conference (Doc. 124) is DENIED. Defense
counsel, the individual Defendants with whom counsel is in contact,
and a representative of NCDPS with full authority to resolve the
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matter shall participate in the settlement conference by telephone.
These persons may be located in different physical locations but shall
be on one conference line. Defense counsel shall provide the
undersigned’s chambers with the number of that conference line on
or before noon on Tuesday, September 15, 2020.

Signed: September 8, 2020

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