Pace v. The ABB Inc. Active Employee Group Benefit Plan, et al

Filing 32

ORDER granting in part and denying in part 28 Motion for Referral to a Court-Hosted Settlement Conference and to Stay Proceedings Pending the Settlement Conference. Defendants shall respond to the May 17, 2018 discovery requests and make their in itial document disclosures by no later than July 31, 2018, Plaintiff shall provide her initial document disclosures upon entry of the court's protective order with respect to confidentiality, and this matter is otherwise stayed pending mediation to occur by no later than September 21, 2018, which will allow the parties ample time to arrange a date with their selected mediator or an alternate mediator. Signed by US Magistrate Judge Robert B. Jones, Jr on 7/23/2018. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-573-BO
SUSAN PACE,
Plaintiff,
v.
THE ABB INC. ACTIVE EMPLOYEE
GROUP BENEFIT PLAN, and ABB INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the court on Defendants' motion for court-hosted settlement conference
and to stay proceedings. [DE-28]. Plaintiff responded in opposition to the motion [DE-30], and the
motion is ripe for disposition. For the reasons stated below, the motion is allowed in part and denied
in part.
The court's scheduling order provided for initial disclosures to be made by May 30, 2018,
and for discovery to conclude by December 31, 2018. [DE-25]. The case is subjectto mandatory
mediation prior to the close of discovery, and the parties designated a mediator. [DE-26]. Plaintiff
served discovery, including interrogatories, requests for production, and requests for admission~, on
May 17, 2018, and has consented to an extension of time for Defendants to respond throughJuly20,
2018. Pl. 's Resp. [DE-30] at 4-5. Plaintiff made her initial disclosures on May 30, 2018, indicating
she would produce her documents upon entry of a confidentiality order, id. at 4, and the parties filed
their joint motion for protective order on July 19, 2018 [DE-31]. Defendants made initial disclosures
on May 3 0, 2018, but did not provide the documents described in the disclosures. Pl.' s Resp. [DE30] at 4.
Defendants filed the instant motion on July 3, 2018, seeking a referral for court-hosted

settlement conference and a stay of proceedings. [DE-28]. Defendants assert that Plaintiff's claims
for compensatory damages are relatively small and the attorney's fees are the most substantial
component of damages. Defs.' Mot. [DE-28] at 2. The parties have engaged in settlement
discussions, but are at an impasse.

Id.

Defendants believe that, with the assistance of an

intermediary, the parties could settle their claims, and Defendants also seek to limit the further
accrual of attorney's fees that will make settlement more difficult as the case continues. Id.
Defendants ask for court-hosted settlement due to the chosen mediator's lack of availability prior
to September, and seek a stay pending mediation. Id. Plaintiff filed her response on July 16, 2018,
and contends she needs responses to her discovery reqµests in order to evaluate her claims for
purposes of mediation, which would not be fruitful prior to receiving any discovery. Pl.' s Resp.
[DE-30] at 5-11.
The court agrees with Defendants that early mediation in this case is warranted. However,
the court finds that allowing some discovery will maximize the potential for settlement by giving
Plaintiff an opportunity to better evaluate her claims prior to mediation. Accordingly, the motion
is allowed in part and denied in part as follows: Defendants shall respond to the May 17, 2018
discovery requests and make their initial document disclosures by no later than July 31, 2018,
Plaintiff shall provide her initial document disclosures upon entry of the court's protective order with
respect to confidentiality, and this matter is otherwise stayed pending mediation to occur by no later
than September 21, 2018, which will allow the parties ample time to arrange a date with their
selected mediator or an alternate mediator.
SO ORDERED, the Z.3 day of July 2018.

2