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PLAINTIFFS’ DROP CLAIMS AGAINST COVINGTON
Topic Started: Oct 19 2010, 09:23 PM (637 Views)
sdsgo

PLAINTIFFS’ CLAIMS AGAINST MARSHA COVINGTON REJUDICE OF PLAINTIFFS’ CLAIMS AGAINST MARSHA COVINGTON, AS
EXECUTRIX OF THE ESTATE OF JOHN WESLEY COVINGTON


This matter is before the Court on Plaintiffs’ Motion for Voluntary Dismissal with Prejudice of their remaining claims against Marsha Covington, as executrix of the Estate of John Wesley Covington. The Court has carefully considered the Plaintiffs’ Motion and responses thereto, as well as the pleadings, papers and exhibits on file in this action and finds in its discretion and for good cause shown that Plaintiffs’ Motion to Voluntarily Dismiss With Prejudice their remaining claims against Marsha Covington, as executrix of the Estate of John Wesley Covington is GRANTED.

IT IS THEREFORE ORDERED that all Plaintiffs’ claims against Marsha Saunders Covington, as the executrix of the Estate of John Wesley Covington, in the above captioned action are hereby dismissed with prejudice.

This, the 15th day of October, 2010.

http://docs.justia.com/cases/federal/district-courts/north-carolina/ncmdce/1:2008cv00119/47871/163/0.pdf
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sdsgo

From Motion to Dismiss:

3. Plaintiffs filed a Motion for Substitution asking the Court to order that Marsha Covington, as the executrix of the Estate of John Wesley Covington be substituted as a party in this action in place of the deceased John Wesley Covington. The Court granted Plaintiffs’ Motion for Substitution in a written order signed May 10, 2010.

4. Due to the untimely death of John Wesley Covington, Plaintiffs no longer desire to proceed in this action against the Estate of John Wesley Covington.
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Quasimodo

Quote:
 
The Court has carefully considered the Plaintiffs’ Motion and responses thereto, as well as the pleadings, papers and exhibits on file in this action...


You think he could manage to find time to examine some of the other motions and pleadings, papers, and exhibits?
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Quasimodo

Quote:
 
4. Due to the untimely death of John Wesley Covington, Plaintiffs no longer desire to proceed in this action against the Estate of John Wesley Covington.


I will belabor the obvious: his testimony could have been preserved, except for the desire of the court for
"judicial economy".


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I will belabor the obvious: his testimony could have been preserved, except for the desire of the court for
"judicial economy".

Question: Is it possible that notes of Covington's either written or recorded could be preserved?
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Quasimodo

Quote:
 
Question: Is it possible that notes of Covington's either written or recorded could be preserved?


I assume that any of his papers could be subpoenaed. But I am not confident that they have been/will be
preserved and will be available.



(MOO. for discussion purposes only.)
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Quasimodo
Oct 19 2010, 10:02 PM
Quote:
 
Question: Is it possible that notes of Covington's either written or recorded could be preserved?


I assume that any of his papers could be subpoenaed. But I am not confident that they have been/will be
preserved and will be available.



(MOO. for discussion purposes only.)
A court of justice would have ordered it, don't you think?
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Quasimodo

Quote:
 
A court of justice would have ordered it, don't you think?



A judicial system has to hold paramount the distinction between right and wrong. Once it
surrenders that and makes expediency its guide, then anything can happen. A court
may then have a whole lot of other goals--satisfying public opinion; "economy"; placating the
mob--but it can no longer claim that justice is important to it.




“Sir, I say that justice is truth in action”

--Disreali

Have we been allowed to see all the truth in this case?


(MOO)


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sceptical

I am pleased the plaintiff's agreed to drop Marsha Covington from the suit. I thought the May 3 motion to subsititute her for her late husband Wes Covington, although legally correct, was a mistake from a public relations standpoint. Going after a widow does not look good, especially since Wes did not play a major role in the attempted frameup.

Judge Beaty's order approving the motion shows that he is still alive and active-- I had come to wonder about whether he was paying any attention at all to the case. The "potted plant" was used to describe Judge Osmond Smith III in the criminal cases, but "Oz" moved faster than Judge Beaty has.

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