Thomas v. Cumberland County Board of Education et al

Filing 99

ORDER denying 95 Motion for Judicial Decision and Adoption of 94 Rule 26(f) Report and denying 97 Motion for Summary Judgment - Defendants have twenty-one (21) days from date of entry of this order within which to file response to plaintiff& #039;s amended complaint. The court suspends requirement that the parties tender joint or separate reports and plans as previously required pending defendants' response to the amended complaint recently filed and decision on motion if any filed by defendants as part of their response. Thereafter, the court will invite separate reports and plans, review same, and make its decision in the form of a case management order. Signed by District Judge Louise Wood Flanagan on 07/16/2012. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DIVISION

NO.5:IO-CV-552-FL

ANITA THOMAS,
Plaintiff,

v.
CUMBERLAND COUNTY BOARD
OF EDUCATION and VANSTORY
HILLS ELEMENTARY SCHOOL,
Defendants.

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ORDER

This matter comes before the court upon its periodic review of the docket and after receipt
ofcorrespondence from defense counsel seeking pursuant to established procedures a conference by
telephone in aid to address of scheduling and management issues. The court declines to entertain
conference by telephone in a case where any party is uncounseled. Where plaintiff here proceeds
pro se, said request is denied. Upon this periodic review, the court makes the following decisions

in aid to the parties' address of matters at issue:
1.

Plaintiff now has filed her amended complaint. Defendants appear to take issue with
form and substance of that pleading lodged on the docket at docket entry no. 96, in
light ofthe court's prior ruling. Defendan1shave twenty-one (21) days from date of
entry of this order within which to file response;

2.

Plaintiff s motion for summary judgment, lodged on the docket at docket entry no.
97, is denied without prejudice as untimely. As set forth below, a deadline shortly

will be set for the filing of such motions, in the context of a case schedule which
includes time for any necessary discovery;
3.

Plaintiffs motion for adoption ofher report and plan, lodged on the docket at docket
entry no. 95, is denied as untimely. The court suspends the requirement that the
parties tender joint or separate reports and plans as previously required pending
defendants' response to the amended complaint recently filed and decision on motion
if any filed by defendants as a part of their response; and

4.

Thereafter, the court will invite separate reports and plans, l review same, and make
its decision in the form of a case management order, concerning pre-trial matters,
including but not limited to the parameters for discovery and establishment of a
deadline for the making of dispositive motions.

SO ORDERED, this the 16th day of July, 2012.

Plaintiffmay of course simply renew her earlier filed report and plan if she deems appropriate when
the court invites these after the pleadings are framed.

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