Sirsi Corporation v. Craven-Pamlico-Carteret Regional Library System

Filing 27

Consent MOTION to Amend/Correct 19 Scheduling Order by Sirsi Corporation. (Attachments: # 1 Text of Proposed Order Order allowing modification of Scheduling Order) (Numbers, Robert)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION Civil Action No. 4:11-cv-00059-BO Sirsi Corporation d/b/a SirsiDynix, Plaintiff, Consent Motion to Modify the Scheduling Order v. Craven-Pamlico-Carteret Library System, Regional Defendant. Plaintiff Sirsi Corporation d/b/a SirsiDynix moves the Court for an Order modifying the September 6, 2011 Scheduling Order entered in this matter. In support of this motion, SirsiDynix states as follows: 1. On September 6, 2011, the Court entered a scheduling order that set the deadline to complete discovery and mediation on January 31, 2012 and the deadline for dispositive motions on March 1, 2012. 2. The parties have diligently engaged in discovery during the discovery period. However, a number of disputes have arises that, while resolved without court intervention, took a significant portion of the discovery period. 3. During the course of discovery, SirsiDynix issued a subpoena duces tecum to a third party in the Southern District of Ohio. The subpoenaed party has objected to some of SirsiDynix’s requests. The dispute has not been resolved between the parties and may require the intervention of the District Court in the Southern District of Ohio. 1 4. Jackie Beach, the Director of CPC Regional, is unavailable for much of the month of January due to conferences and other obligations. These conflicts make it difficult to depose Ms. Beach and complete mediation by the deadline set out in the September 6, 2011 Order. 5. The undersigned has conferred with counsel for CPC Regional and can report that CPC Regional consents to the relief sought in this motion. Wherefore, SirsiDynix requests that the court modify the September 6, 2011 Scheduling Order to extend the deadline to complete discovery and mediation until March 16, 2012 and the deadline to file dispositive motions until April 16, 2011. Dated: December 23, 2011. WOMBLE CARLYLE SANDRIDGE & RICE A Limited Liability Partnership By: /s/ Robert T. Numbers II____________ ROBERT T. NUMBERS, II (State Bar No. 34134) 150 Fayetteville Street, Suite 2100 Post Office Box 831 Raleigh, North Carolina 27602 (919) 755-2100/(919) 755-6067 (facsimile) Attorney for Plaintiff 2 CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing was filed electronically with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following: Lee W. Bettis , Jr. The Bettis Law Firm P. O. Box 848 New Bern, NC 28560 Email: lwbettis@hotmail.com Attorney for Defendant Dated: December 23, 2011. WOMBLE CARLYLE SANDRIDGE & RICE A Limited Liability Partnership By: /s/ Robert T. Numbers II____________ ROBERT T. NUMBERS, II (State Bar No. 34134) 150 Fayetteville Street, Suite 2100 Post Office Box 831 Raleigh, North Carolina 27602 (919) 755-2100 (919) 755-6067 (facsimile) Attorney for Plaintiff 3

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