Rowe v. Goldsboro Wayne Transportation Authority

Filing 34

ORDER allowing in part and denying in part 28 Motion for Relief and allowing 30 Motion for Extension of Time to Complete Discovery - Dispositive motions due by 1/20/2015 and discovery due by 12/19/2014. The trial of this matter is continued to Senior Judge Fox's April 27, 2015 term of court in Wilmington, North Carolina. The parties should read attached order in its entirety for additional information. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/25/2014. (Tripp, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
NO. 5:13-CV-754-F
MARY ROWE,
Plaintiff,
v.
GOLDSBORO WAYNE
TRANSPORTATION AUTHORITY,
Defendant.

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ORDER

This matter is before the court on Plaintiffs letter dated September 30,2014, and filed with
the court on October 2, 2014 [DE-28], and Defendant's motion for extension of time to complete
discovery [DE-30]. The court held a telephonic hearing and status conference with the pro se
Plaintiff and Defendant's counsel on November 25, 2014, to further develop the record. Issues
raised in the parties' filings and addressed at the hearing include outstanding discovery and
scheduling issues, specifically (1) Plaintiffs discovery requests to Defendant for certain emails,
videos, and updated address information for potential witnesses disclosed by Defendant pursuant to
Rule 26(a)(1); and (2) Defendant's discovery requests to Plaintiff for medical bills, tax returns from
2011 to present, and information regarding employment sought and income earned since 2011; and
(3) the scheduling ofPlaintiffs deposition and the extension of the discovery and motions deadlines
and the setting of a new trial date.
At the hearing Defendant's counsel indicated that all available emails responsive to
Plaintiffs request had been produced; the requested videos were no longer in existence because they
had been taped over and an affidavit so explaining was provided to Plaintiff; and the requested

updated address information for potential witnesses would be promptly provided to Plaintiff.
Plaintiff indicated that she no longer had access to some documents Defendant requested due to her
storage unit being sold, but that her disability attorney would provide copies of certain medical bills
to Defendant's counsel and Plaintiff would provide records showing her unemployment payments
(her only income since 2011 ). Plaintiff also indicated she would request a transcript of her tax
returns from 2011 to present from the IRS. Plaintiff and Defendant's counsel agreed that Plaintiff
would be available for deposition on December 8 and 15 at 10:00 a.m., in the event the deposition
could not be completed in one day due to Plaintiffs health issues. Plaintiff agreed to produce the
remaining documents no later then December 5, with the possible exception of the documents
requested from the IRS, which Defendant's counsel indicated could take six to ten weeks to receive.
Accordingly, Plaintiffs motion for relief is ALLOWED IN PART AND DENIED IN PART
in conformity with the above described agreement of the parties with respect to concluding
discovery, Defendant's motion to extend the discovery deadline is ALLOWED, and the Scheduling
Order is amended as follows:
(1)

Defendant shall provide Plaintiff with updated address information for potential
witnesses disclosed pursuant to Rule 26(a)(l) by the close of business today,
November 25, 2014;

(2)

Plaintiff shall provide the remaining responsive documents to Defendant's discovery
requests by no later than December 5, 2014. Plaintiff shall promptly request the tax
return information from the IRS and in the event it is not received prior to December
5, Plaintiff shall provide a copy to Defendant's counsel within 24 hours of receipt of
the information from the IRS;

(3)

Plaintiff shall be available to appear in person for deposition on December 8 and 15,
2014 at 10:00 a.m., pursuant to proper notice issued by Defendant;

(4)

All discovery must be completed no later than December 19, 2014;

(5)

Any potentially dispositive motions must be filed no later than January 20, 2015;
and

(6)

The trial of this matter is continued to Senior Judge Fox's April27, 2015 term of
court in Wilmington, North Carolina.
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SO ORDERED, the ,l.Sday ofNovember 2014.

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United States Magistrate Judge