Yerger v. Liberty Mutual Group, Inc.

Filing 94

ORDER: The court OVERRULES plaintiff's objections 83 , ADOPTS the order 81 , and MODIFIES the scheduling order as set forth herein. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 11/29/2012. (Sawyer, D.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No.5:11-CV-238-D JENNIFER YERGER, ) ) Plaintiff, ) ) ) ~ ORDER ) LffiERTY MUTUAL GROUP, INC., ) ) Defendant. ) On June 8,2012, the court referred plaintiffs motions to compel discovery [D.E. 50,52] to Magistrate Judge Gates for disposition [D.E. 66]. On September 24,2012, Magistrate Judge Gates issued an order granting in part, denying in part as moot, and denying in part on the merits plaintiff s motion to compel interrogatory answers and plaintiffs motion to compel production ofdocuments, and ordering each party bear its own expenses incurred in connection with the motions [D.E. 81]. On October 4, 2012, plaintiff filed objections [D.E. 83] to the order. On October 18, 2012, defendant filed a response [D.E. 86]. The court has reviewed the order, the record, plaintiff s objections, and defendant's response denovo. See Diamond v. Colonial Life & Accident Ins. Co.,416 F.3d310, 315 (4thCir. 2005). The arguments merit no further discussion beyond Magistrate Judge Gates's analysis in the order. The court adopts the order [D.E. 81]. Plaintiffs objections [D.E. 83] to the order are overruled. The court also has considered the proposed modifications to the scheduling order [D.E. 91, 92]. The court modifies paragraphs three and four ofthe scheduling order entered on November 4, 2011 [D.E. 34] as follows: 3. All discovery shall be completed by February 15, 2013. Defendant shall produce Ronda Rose to be deposed by plaintiff in or around Gwinnett County, Georgia, where Ms. Rose is employed by defendant, on or before December 31,2012, and shall produce Anita Pierce to be deposed by plaintiff in or around the county in which Ms. Pierce is employed by defendant. Plaintiff shall produce plaintiff to be deposed by defendant in or around Raleigh, North Carolina, on or before December 31, 2012. 4. All potentially dispositive motions shall be filed by March 15,2013. The court will set the trial date by separate order. Except as modified herein, the scheduling order entered on November 4, 2011, including all deadlines and limitations contained therein, remains in place. In sum, the court OVERRULES plaintiff's objections [D.E. 83], ADOPTS the order [D.E. 81], and MODIFIES the scheduling order as set forth herein. SO ORDERED. This 11 day ofNovember 2012. United States District Judge 2

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