In the first filing since March, when the court appointed a mediator, the lawyer representing Pomp Boys Motors filed a motion seeking more time to respond to two of the defendants in the case.

Specifically, Lloyd C. Smith III, an attorney at the Windsor-based Pritchett & Burch law firm representing Vivian Pompliano, the owner of the closed classic car and auto repair shop in Roanoke Rapids, is seeking to enlarge the time to respond to Rose Beacham and L&R Motor Company’s first set of interrogatories. It also requests production of documents and admissions to the plaintiff or otherwise plead by June 28.

As of this report, the court for the Eastern District of North Carolina has not responded to the request, which was filed in the federal court record today.

The document notes that the plaintiff and defendant’s counsel consent to the extension.

At issue in the lawsuit filed by Pompliano is her contention that harassment and false criminal charges by the Roanoke Rapids Police Department as well as the actions of others led to the demise of her business.

The city of Roanoke Rapids; former officer Jamie Lee Hardy, and officers Antonio Seward, and Jayme Shelburne in their individual and official capacities; Beacham in her individual capacity; and L&R Motor Company remain defendants in the lawsuit after a voluntary dismissal was filed on behalf of defendants Vickie Evans and Dennis Harvey in January.

At the heart of L&R Motors-Beacham response is a 1969 Ford Galaxie that Beacham, who was more than 80 in April of 2021, arranged to be driven to Pomp Boys for repair estimates.

Pomp Boys, the original response says, would not provide Beacham with an estimate and charged her $137.76 to look at the car. An invoice dated May 26, 2021 was sent to the woman.

On or about August 11, 2021, Beacham and another person went to pick up the Galaxie and remove it from Pomp Boys. 

The defendant’s response says that Pomp Boys would not allow the Galaxie to be removed from the premises and that an invoice dated August 11, 2021 totaled $31,329.40 for work done on the Galaxie despite the shop having not been authorized nor approved to do work done on the car.

Beacham made arrangements for a third party to go to Pomp Boys and pick up the car. Pomp Boys refused to allow the third party to take the car unless a payment of $17,101.23 was made and that a settlement was signed saying the defendants were satisfied with the work, the response says.

L&R became involved when it wanted to take possession of the car and gave Pomp Boys a check for $17,101.23 in October of 2021.

The response says the defendants did not request Hardy, the Roanoke Rapids Police Department or any entity to criminally charge Pompliano or Pomp Boys for the work they did to the vehicle or to make any arrest.