Benzing v. Tharrington-Smith, LLP et al

Filing 19

ORDER denying 13 Motion to Stay; denying 15 Motion to Waive Pretrial Conference. The parties are reminded to read the order in its entirety for critical information and deadlines. Signed by US Magistrate Judge James E. Gates on 2/2/2012. (Edwards, S.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION 5:10-CV-533-F CHARLES BENZING, Plaintiff, v. THARRINGTON-SMITH LLP, ALICE C. STUBBS, KATEY M. REGAN, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ORDER This case comes before the court on the motion (D.E. 13) by defendants Tharrington Smith LLP and Alice C. Stubbs (“moving defendants”) to stay discovery pending resolution of their motion to dismiss (D.E. 8) the claims against them pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). Plaintiff, who is proceeding pro se, has filed a response in opposition (D.E. 16) to the motion to stay. The moving defendants’ motion to dismiss was recently allowed in part and denied in part (D.E. 17). Accordingly, the motion to stay is DENIED AS MOOT. Also pending before the court is plaintiff’s motion (D.E. 15) to waive a pretrial conference. The motion is DENIED. The motion does not indicate to which pretrial conference it relates, and the court is aware of no pretrial conference as to which the motion would have any merit. The parties are directed to convene a Fed. R. Civ. P. Rule 26(f) conference by 16 February 2012. To ensure that the parties consider the impact of the court’s ruling on discovery in this case, the parties shall hold such a conference whether or not they have previously held one. Their discovery plan shall be filed within 14 days after the conference. See Fed. R. Civ. P. 26(f)(2). Following the parties’ Fed. R. Civ. P. 26(f) conference, discovery may proceed. See Fed. R. Civ. application, the court is not able to determine whether defendant is entitled to appointment of counsel. The appointment of counsel is therefore DENIED without prejudice to reconsideration of such appointment after the filing of a new Financial Affidavit which contains the missing P. 26(d)(1). Except as modified herein, the provisions of the Order for Discovery Plan (D.E. 12) information. remain in full force and effect. This order shall be filed under seal. SO ORDERED, this 2nd day of February 2012. SO ORDERED, this 23rd day of May 2011. ___________________________ James E. Gates United States Magistrate Judge 2

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