Nagelberg v. Defense Finance & Accounting Service et al

Filing 40

ORDER granting 39 Motion for Modification of Scheduling Order. Signed by Magistrate Judge Kimberly A. Swank on 9/11/2017. Counsel should read the order in its entirety for critical deadlines and information. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:16-CV-824-BO
JOSHUA L. NAGELBERG,
Plaintiff,
vs.
DEFENSE FINANCE & ACCOUNTING
SERVICE, an agency of THE UNITED STATES
OF AMERICA and EQUIFAX INFORMATION
SERVICES, LLC, a Georgia limited liability
company,

ORDER

Defendants.

THIS MATTER, coming before the Court upon the Consent Motion for Modification of
Scheduling Order (“Motion”) filed by Plaintiff JOSHUA L. NAGELBERG (“Plaintiff”) and it
appearing that Defendant EQUIFAX INFORMATION SERVICES, LLC (“Equifax”) consents to
the relief requested and for good cause shown, the Motion is hereby GRANTED and the Scheduling
Order [D.E. 30] entered by the Court on March 30, 2017, as modified by the Order entered on July
20, 2017 (collectively, the “Scheduling Order”), is modified as follows as between Plaintiff and
Equifax:1

1

Plaintiff reports that “Equifax is the only remaining defendant in this action, as Plaintiff
has resolved the claims for relief against both DEFENSE FINANCE & ACCOUNTING SERVICE
(“DFAS”) and EXPERIAN INFORMATION SOLUTIONS, INC. (“Experian”).” However, a
review of the record in this case reveals that Experian is the only defendant that has been dismissed
from the action. While the parties filed a notice of settlement regarding Plaintiff’s claims against
DFAS [D.E. 33], there has been no dismissal of Plaintiff’s claims against DFAS; and DFAS,
therefore, remains a party to this action.

1.

The deadline by which Plaintiff is required to disclose the identities of, and provide

any reports from, retained expert witnesses is extended by not less than thirty (30) days, up to and
including October 1, 2017 (as opposed to September 1, 2017);
2.

The deadline by which Equifax is required to disclose the identities of, and provide

any reports from, retained and/or rebuttal expert witnesses is extended by not less than thirty (30)
days, up to and including November 1, 2017 (as opposed to October 1, 2017);
3.

The deadline by which Plaintiff and Equifax are required to complete all

discovery (referred to herein as, the Discovery Deadline), is extended by not less than thirty (30)
days, up to and including December 1, 2017 (as opposed to October 16, 2017);
4.

The deadline by which Plaintiff and Equifax are required to file any dipositive

motions (referred to in the Motion as, the “Dispositive Motions Deadline”), is extended by not less
than thirty (30) days, up to and including January 5, 2018 (as opposed to December 1, 2017).
SO ORDERED this 11th day of September 2017.

____________________________________
KIMBERLY A. SWANK
United States Magistrate Judge