Miller v. Allscripts Healthcare et al

Filing 34

ORDER denying 30 Motion to Waive Mediation. The court, therefore, ORDERS, sua sponte, that the Case Management Order previously entered in this case be amended to extend the mediation deadline for a period of thirty (30) days following the courts resolution of the motion to dismiss filed on August 25, 2017 [DE #27]. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge Kimberly A. Swank on 9/13/2017. (Edwards, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:16-CV-193-BR(2)
MICHELE MILLER,
Plaintiff,

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v.
ALLSCRIPTS HEALTHCARE,
Defendant.

ORDER

A non-final Rule 16 pretrial conference was held in this matter via telephone on September
7, 2017. Charles Monteith, Jr., of Monteith Law, PLLC, appeared on behalf of Plaintiff Michele
Miller; and Molly Shah and Elise McKelvey of Littler Mendelson, PC, appeared on behalf of
Defendant Allscripts Healthcare.1
For the reasons announced at the conference, the court finds that Defendant has not
demonstrated sufficient grounds under this court’s Local Civil Rules for exemption from
mediation. Accordingly, the court, in its discretion, DENIES Defendant’s Consent Motion to
Waive Mediation [DE #30]. However, given the basis for the motion to dismiss pending before
the court and the procedural posture of Defendant’s motion, the court finds that it would be
appropriate to extend the deadline for mediation. The court, therefore, ORDERS, sua sponte, that
the Case Management Order previously entered in this case be amended to extend the mediation
deadline for a period of thirty (30) days following the court’s resolution of the motion to dismiss
filed on August 25, 2017 [DE #27].
This 13th day of September 2017.
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KIMBERLY A. SWANK
United States Magistrate Judge

1

The court notes that Ms. McKelvey has not filed a notice of appearance in this case.