Opinion
No. 4:12-cv-5-DPM
02-12-2013
STEPHEN MACLIN; RUBEN TOBIN; DUSTIN ROBINSON; and GERARD JOHNSON, all individually and on behalf of others similarly situated PLAINTIFFS v. MONTGOMERY AND SONS CONSTRUCTION, INC. and JOHN MONTGOMERY, individually and as owner/manager of Montgomery and Sons Construction, Inc. DEFENDANTS
ORDER
This afternoon the Court received the attached letter by fax from counsel for Montgomery and Sons Construction, Inc., and John Montgomery. The Court appreciates the status report, but requests that in the future all counsel communicate with the Court only by filings in the docket. The hearing scheduled for tomorrow afternoon will go forward. The Court's recent Orders, Document Nos. 59 & 64, were perfectly clear about Mr. Montgomery's obligation to appear at the hearing with his records. If he chooses not to do so, then the Court will consider sanctions, including requiring Montgomery to show cause why he should not be held in contempt. As planned, the Court will also take up the motion to withdraw at the hearing.
So Ordered.
________________________
D.P. Marshall Jr.
United States District Judge
Kevin R. Holmes VIA FACSIMILE - (501) 604-5417
Hon. Judge Price Marshall
United States District Court
600 West Capitol, Room B15S
Little Rock, AR 72201
RE: Stephen Maclin; Ruben Tobin; Dustin Robinson; and
Gerald Johnson v Montgomery and Sons Construction, Inc.
Case No. 4:12-cv-5-DPM
Dear Judge Marshall:
I am writing concerning the above captioned matter, and the hearing currently set for tomorrow, February 13, 2013, at 1:00pm. Today, I had a meeting planned with my client, John Montgomery and his secretary, Shelly Deardorff. At the meeting, I was informed by Ms. Deardorff that Mr. Montgomery was in Mexico, and would not be returning until late Thursday evening, thus being unavailable for the hearing tomorrow. According to Ms. Deardorff, Mr. Montgomery believed that the hearing was still set for February 20, 2013, despite my notification to the contrary.
I am writing as a courtesy to the Court and Mr. Holleman to avoid any unnecessary expense and waste of the Court's time. I am prepared to appear if the Court desires, along with Ms. Deardorff, but I do not believe that Mr. Holleman or the Court will be able to accomplish what it desired at the hearing without Mr. Montgomery's presence. I apologize for any part my office played in this delay, and once again, renew my request for the Court to allow me to withdraw from this case.
By this letter I am notifying opposing counsel, John Holleman, of my communication with the Court. If the Court should have any questions or wishes to discuss this matter, please do not hesitate to contact my office at any one of the above numbers.
Very Truly,
Kevin R. Holmes KRH/mss
cc: John Holleman Fax (501) 975-5043
Cari W. Hopkins, PA. Kevin R. Holmes, P.A.
FACSIMILE COVER SHEET
TO: Hon. Judge Price Marshall FROM: Kevin R. Holmes NUMBER OF PAGES TO FOLLOW: 2 TO FAX NO. (501) 604-5417 FROM FAX NO. (479) 922-2176 IF YOU HAVE QUESTIONS OR PROBLEMS CONCERNING THIS TRANSMISSION, PLEASE CALL (479) 922 -2175. RE: Stephen Maclin; Ruben Tobin; Dustin Robinson; and Gerald Johnson v Montgomery and Sons Construction, Inc.
Case No. 4:12-cv-5-DPM
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