H/S Wilson Outparcels, LLC v. Kroger Limited Partnership I

Filing 46

ORDER denying 40 Motion to Strike. The briefing deadlines regarding Defendant's motion for summary judgment are as follows: Defendant shall filed a separate Statement of Material Facts in support of the motion for summary judgment as require d by Local Civil Rule 56.1 within seven (7) days; Plaintiff shall have fourteen (14) days from the filing of Defendant's Statement of Material Facts to respond to the summary judgment motion; and Defendant shall have fourteen (14) days from the filing of Plaintiff's response to make any reply. Signed by Magistrate Judge Robert B. Jones, Jr. on 1/12/2017. (Grady, B.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:15-CV-00591-RJ
H/S WILSON OUTP ARCELS, LLC,
Plaintiff/Counter Defendant,
V.

KROGER LIMITED PARTNERSHIP I,
Defendant/Counter Claimant.

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ORDER

This matter is before the court on Plaintiff's motion to strike Defendant's motion for
summary judgment and pretrial disclosures [DE-40] and for the purpose of case management.
Under the initial Case Management Order entered by the court, discovery was due to be
completed by September 30, 2016, dispositive motions were due by November 15, 2016, and a final
pretrial conference was scheduled for January 11,2017. [DE-14]. On October 19,2016, the court
allowed in part a motion to extend discovery, specifically providing 45 days to complete certain
limited discovery. [DE-33]. Defendant interpreted the court's order as implicitly extending the
motions deadline by 45 days, but Plaintiff did not understand the motions deadline to be extended
and filed a notice of pretrial disclosures on December 14, 2016. [DE-35]. On December 18, 2016,
Defendant filed a motion for summary judgment [DE-36] and a notice seeking clarification that the
motions deadline had been extended [DE-38]. Plaintiff responded that it did not believe the
deadlines had been extended and, resultantly, that (1) Defendant's summary judgment motion was
untimely, (2) Defendant did not timely file its pretrial disclosures, and (3) Defendant had waived
objections to Plaintiffs pretrial disclosures. [DE-39]. Plaintiff also filed (1) a motion to strike

Defendant's summary judgment motion and pretrial disclosures [DE-40] and (2) a proposed pretrial
order [DE-41]. Defendant, thereafter, filed notices regarding its pretrial disclosures and objections
to Plaintiffs disclosures [DE-42, -43]. The court terminated the final pretrial conference and stayed
all deadlines, including briefing on pending motions, pending a scheduling and status conference
[DE-44], which was held on the date even herewith [DE-45].
For the reasons stated more fully during the telephonic scheduling and status conference, the
motion to strike [DE-40] is denied. The court finds that the deadline for filing dispositive motions
was extended pursuant to Local Civil Rule 7.1(a). Thus, Defendant's summary judgment motion
was timely. Furthermore, pretrial preparations, including disclosures and the drafting of a proposed
pretrial order, are premature given the posture of the case. The court will set a final pretrial
conference after ruling on summary judgment and pretrial preparations shall proceed at that time in
accordance with Local Civil Rule 16.1. Defendant has expressed interest in participating in courthosted settlement conference. The court finds that resolution of the motion for summary judgment
may enhance settlement prospects. Either party may request court -hosted settlement after the court's
ruling on summary judgment. Accordingly, the briefing deadlines regarding Defendant's motion for
summary judgment are as follows: Defendant shall filed a separate Statement of Material Facts in
support of the motion for summary judgment as required by Local Civil Rule 56.1 within seven (7)
days; Plaintiff shall have fourteen (14) days from the filing of Defendant's Statement ofMaterial
Facts to respond to the summary judgment motion; and Defendant shall have fourteen ( 14) days from
the filing of Plaintiffs response to make any reply.
SO ORDERED, the 12th day of January 2017.

~J. ....J-~

Robert B. Jones, Jr.

United States Magistrate Judge

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