On Thursday, December 13, 2018, the attorneys met with Judge Ervin, in a telephone conference. Highlights of the meeting are as follows:
There are 142 Defendants who have not filed an Answer or made an appearance in the case by filing a letter of some similar statement (!!!). As to these 142 Defendants, the Court will enter an Entry of Default.
Judge Ervin wants to set up a drop box for these individuals to be able to access matters relating to the case by providing information of filings, notice of hearings and the like.
Mr. Erwin informed the Judge (and Mr. McNeill) that he intends to amend the Answer and Counterclaims. This must be filed no later than Jan.18, 2019. By Jan. 25, 2019, Mr. McNeill will either consent to the Motion allowing the Amendment or object to its filing. When this issue is resolved, there will be another telephone conference to establish additional interim dates.
The lawsuit is presently in the discovery phase. You can view the LLC attorney's Answer, Defenses, and Counterclaims here:
The Red Fox Property Owner's Association has voted NOT to continue their effort to become named as a defendant in the Home Realty Lawsuit. See details at www.redfoxpoa.net. As noted in the POA's update, "Each individual is named and has until JUNE 8 to file an opposition to the Summons. Failure to do so will result in a default judgment against you."
We began discussions with Deutsch & Gottschalk, PA (D&G) of Asheville, but decided that the LLC’s interest would be better served by the Law Firm of Erwin, Bishop, Capitano & Moss, P.A. (EBC&M) of Charlotte. Their Litigation approach and billing information was clearly defined. They will give a legal opinion that addresses the likelihood of winning before going into the trial phase. They have excellent trial litigation experience in similar matters. You can check out their resumes and credentials at www.ebcmlaw.com .