Nagelberg v. Defense Finance & Accounting Service et al

Filing 47

ORDER granting 41 Motion for Modification of Scheduling Order. Signed by US Magistrate Judge Kimberly A. Swank on 10/17/2017. (Stouch, L.)

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 is before the Court upon the Consent Motion for Modification of
Scheduling Order (“Motion”) filed September 28, 2017, by Plaintiff JOSHUA L. NAGELBERG
(“Plaintiff”) [DE #41]. 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 [DE #30] entered by the Court on March 30, 2017, as
modified by Orders entered on July 20, 2017, and September 11, 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 to and including November 1, 2017 (as
opposed to October 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 to and including December
1, 2017 (as opposed to November 1, 2017);
3.

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

is extended to and including January 5, 2018 (as opposed to December 1, 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 to and
including February 5, 2018 (as opposed to January 5, 2018).
SO ORDERED this 17th day of October 2017.

____________________________________
KIMBERLY A. SWANK
United States Magistrate Judge