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

Filing 37

Consent MOTION to Amend/Correct 36 Order on Motion to Amend/Correct, by Sirsi Corporation. (Attachments: # 1 Text of Proposed Order) (Numbers, Robert) (Entered: 07/13/2012)

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,
Fourth 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
Scheduling Order entered in this matter. In support of this motion, SirsiDynix states as follows:
1.

On May 8, 2012, the Court entered an Amended Scheduling Order which

provided that discovery and mediation will be concluded by July 16, 2012 and dispositive
motions will be filed by August 15, 2012.
2.
as mediator.

On April 30, 2012, the parties conducted mediation with Richard Boyette acting
After several productive hours of mediation, the parties agreed that it was

appropriate to adjourn the mediation to allow the parties to conduct further financial analysis
regarding various settlement options. The parties were hopeful that with additional time, they
will be able to resolve the remaining issues and resolve this matter through a settlement
agreement.
3.

The parties continued to discuss various settlement options, but the parties

progress towards reaching a negotiated settlement towards this matter was interrupted at the end
of June when the three counties that comprise the CPC Regional all gave notice of their intent to
withdraw from the library system on June 30, 2013. As a result, CPC Regional will cease to

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exist as of that date. This development has required the parties to essentially start from scratch
with their settlement negotiations as potential long term solutions between the existing parties
are no longer viable.
4.

While the parties are still hopeful that they will be able to settle this matter, out of

an abundance of caution, the parties would also like additional time to complete discovery in the
event that attempts to resolve this matter are unsuccessful.
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 Amended Scheduling Order to
extend the deadline to complete discovery and mediation until September 17, 2012 and the
deadline to file dispositive motions until October 17, 2012.
Dated: July 13, 2012.

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
[phone]/[phone] (facsimile)
Attorney for Plaintiff

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CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Fourth Consent Motion to Modify the
Scheduling Order 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: [e-mail]
Attorney for Defendant

Dated: July 13, 2012.

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
[phone]
[phone] (facsimile)
Attorney for Plaintiff

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