Sylvester Traylor, Administrator of the Estate of Roberta Mae Traylor et al v. Bassam Awwa, M.D. et al. (2010)

ORDER TO SHOW CAUSE

A

1. On December 9, 2010, this court ordered that Sylvester Traylor could not represent the Estate of Roberta Mae Traylor.   Transcript of Proceedings, December 9, 2010, p. 32;  and Memorandum of Orders, February 5, 2010, p. 2. [354.]

2. The court allowed the plaintiffs until April 21, 2010 to obtain counsel to represent and enter an appearance for the Estate.   Transcript of Proceedings, December 9, 2010, p. 43;  and Memorandum of Orders, February 5, 2010, p. 2. [354.]

3. At 4:21 pm on April 21, 2010, the law firm of Hall Johnson LLC entered its appearance for the plaintiffs herein, Sylvester Traylor, in his individual or personal capacity, and Sylvester Traylor, Administrator of the Estate of Roberta Mae Traylor.

4. On September 7, 2010, Hall Johnson LLC filed a Motion to Withdraw as counsel for the plaintiffs.   Motion to Withdraw, September 7, 2010. [418.]

5. On September 20, 2010, Hall Johnson LLC's Motion to Withdraw as counsel for the plaintiffs was granted.

6. Since September 20, 2010, the Estate of Roberta Mae Traylor has been and is nonappearing.

B

7. The defendants' Answer which included a Special Defense was filed on September 13, 2010. [421.]

8. On September 14, 2010, the court ordered that the plaintiffs reply to the special defense by September 21, 2010.   See ORDER, September 14, 2010, ¶ 1. [423.]

9. Sylvester Traylor filed a purported Reply for the plaintiffs on September 15, 2010. [424.]  See “Plaintiff's Reply to Defendants Answer and Special Defenses,” September 15, 2010. [424.]

10. As a pleading for the Estate, the September 15, 2010 “Reply” is a nullity and has no standing herein.   See § 1 above.   See also court ORDER, September 21, 2010, ¶ 3. [432.]

11. On September 20, 2010, Hall Johnson LLC's Motion to Withdraw, September 7, 2010[427] was to be heard at 2 p.m.

12. At 11:31 a.m. on September 20, 2010, Hall Johnson LLC filed “Plaintiff, Sylvester Traylor Administrator of Estate of Roberta Mae Traylor's Reply to Special Defense,” September 20, 2010. [427.]

13. Upon the opening of court at 2 p.m., Attorney Hall of Hall Johnson LLC, informed the court that at the instruction of Sylvester Traylor, Attorney Hall orally moved for the withdrawal of the just-filed “Plaintiff, Sylvester Traylor Reply to Special Defense.” [427.]  See Transcript of Proceedings, September 20, 2010, pp. 2-7.

14. Sylvester Traylor was present and it was evident Sylvester Traylor wanted the “Plaintiff, Sylvester Traylor Administrator of Estate of Roberta Mae Traylor's Reply to Special Defense” [427] withdrawn.   Transcript of Proceedings, September 20, 2010, pp. 2-7.   The court granted the oral motion.

15. No Reply to the defendants' September 13, 2010 Special Defense has been filed by the Estate.

16. Since the defendants' Special Defense was filed on September 13, 2010, and because pleadings are to advance one step every 15 days, P.B. § 10-8, the Estate is in violation of the Rules of Practice.

17. The Estate is also in violation of the court's Order, September 14, 2010, requiring that Plaintiffs file a Reply to the Special Defense by September 21, 2010.   See ¶ 8, above.

WHEREFORE:

1. The Plaintiff, Sylvester Traylor, Administrator of the Estate of Roberta Mae Traylor, is ordered to show cause why (1) the action of the Estate should not be dismissed, or nonsuited, for its nonappearance herein, (2) the action of Estate should not be dismissed, or nonsuited, for its failure to file a timely Reply to the defendants' Special Defense.

2. A hearing on this order to show cause will be held on October 18, 2010 at 2 p.m.

3. The parties may file pre-hearing briefs addressing the issues raised herein provided such non-mandatory briefs are filed by October 15, 2010.

Parker, J.T. .R.

Parker, Thomas F., J.T.R.