Metropolitan Life Insurance Company v. Guerriero et al

Filing 38

ORDER denying 35 Motion to Continue and 36 Motion to Continue - In accordance with the Court's previous orders, the status conference will be conducted Monday, September 12, 2011 at 9:00 a.m. in the Sixth Floor Courtroom of the Terry Sanford Federal Building, 310 New Bern Avenue, Raleigh, North Carolina. Signed by Magistrate Judge William A. Webb on 09/09/2011. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:11-CV-00029-FL

METROPOLITAN LIFE INSURANCE
COMPANY,
Plaintiff,
v.
JOHN GUERRIERO, et al.
Defendants.
_______________________________________

)
)
)
)
)
)
)
)
)
)

ORDER

This Cause comes before the Court upon pro se defendant Kevin Gallagher’s motions to
continue (DE-35, DE-36) the status conference currently scheduled before the undersigned at 9:00
a.m. on Monday, September 12, 2011 in the Sixth Floor Courtroom of the Federal Courthouse at
310 New Bern Avenue, Raleigh, North Carolina. (DE-34). Defendant John Guerriero opposes
the motion to continue. (DE-37). The motions to continue were referred to the undersigned
September 8, 2011.
As grounds for the instant motion, Gallagher states that he began physical therapy on
September 7, 2011 as part of his medical regimen following total knee replacement surgery in July
2011. According to the medical records submitted in support of the motion, Gallagher will attend
physical therapy three times per week for eight weeks. (DE-36-2). Gallagher requests that the
status conference be postponed until “at least Nov[ember] 2011” because “it’s imperative that [he]
stick to a tough [physical therapy] regimen in order to restore mobility and strength to the left
knee.” (DE-36, p.1).
Guerriero requests that the motion to continue be denied. He notes that the status

conference has already been continued at least twice. (DE-28, DE-34). In addition, he states that
Gallagher visited the office of Guerriero’s counsel to hand-deliver the motion to continue. At that
time, Gallagher “stood and spoke with [Guerriero’s counsel] for approximately 10-15 minutes
without difficulty.” (DE-37, p.2).
The undersigned concludes that the instant motion is grounded in convenience rather than
good cause. The medical evidence indicates that Gallagher attends physical therapy three days
per week, presumably for no more than one hour each appointment. There is no evidence that he
is immobile, house-bound, or otherwise physically unable to attend the status conference. Nor is
there any evidence to suggest that attending the status conference on Monday, September 12, 2011
would interfere with his physical therapy regimen. Defendant Gallagher’s motions to continue
the status conference (DE-35, DE-36) are therefore DENIED. In accordance with the Court’s
previous orders, the status conference will be conducted Monday, September 12, 2011 at 9:00 a.m.
in the Sixth Floor Courtroom of the Terry Sanford Federal Building, 310 New Bern Avenue,
Raleigh, North Carolina.
DONE AND ORDERED in Chambers at Raleigh, North Carolina on Friday, September 9,
2011.
_______________________________________
WILLIAM A. WEBB
UNITED STATES MAGISTRATE JUDGE