Certain Interested Underwriters Subscribing to Policy No. B1262PW00017013 v. American Realty Advisors, et al
ORDER granting 114 Motion to Compel. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 2/14/2018. (Collins, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
AMERICAN REALTY ADVISORS; SVF
WESTON LAKESIDE, LLC; AND DOES
UNDERWRITERS SUBSCRIBING TO
POLICY NO. B1262P20017013,
SVF WESTON LAKESIDE, LLC; and
AMERICAN REALTY ADVISORS,
CERTAIN UNDERWRITERS AT
LLOYD’S OF LONDON,
This matter came before the court on court-hosted telephonic conference convened February
13, 2018, with plaintiff appearing through counsel Angela Dailey, David T. Hayek, and Ellin J. Lee,1
and defendants appearing through counsel R. Steven DeGeorge and Richard C. Worf, Jr. The court
The court’s docket does not reflect any notice of appearance in this attorney’s name, however.
heard from counsel on defendants’ pending motion to compel answers to interrogatories, (DE 114),
and regarding discovery dispute pertaining to certain requests for production of documents
propounded by plaintiff. Discussion of deadlines for propounding written discovery and making any
motion to compel were integral to decision on both sets of issues. In this context plaintiff was heard
on request for clarification of the court’s January 17, 2018, text order. This order memorializes the
court’s oral pronouncements:
Defendants’ motion to compel responses to interrogatories, (DE 114), is allowed.
Plaintiff has 30 days from this date to serve responses to the six interrogatories at
issue. Pursuant to the court’s oral directive, the clerk has withdrawn referral of that
motion to Magistrate Judge Gates. Each side shall bear its own costs.
Concerning plaintiff’s protestations regarding defendants’ refusal to respond to its
third and fourth sets of requests for production of documents, the court compels
defendants to make their responses within 30 days.
Plaintiff’s request for clarification of this court’s text order entered January 17, 2018,
was met with pronouncement that order shall not be construed to permit any
additional non-expert discovery separate and apart from that which may be ordered
by Magistrate Judge Gates on the three motions (DE 97, 100, and 101) now pending
before him. The deadline for non-expert discovery lapsed January 15, 2018, as the
record reflects. Following this clarification, plaintiff voluntarily withdrew discovery
requests separately propounded after the January 15, 2018, deadline.
The parties were advised to file appropriate motion should it appear that efficiencies
may be generated by resetting deadline for mediation and/or filing of any summary
judgment motion, should it appear down the road of this case that alteration to the
case schedule with respect to either of these activities may enhance the parties’ focus
upon settlement activities.
SO ORDERED, this the 13th day of February, 2018.
LOUISE W. FLANAGAN
United States District Judge
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