Price v. Kim et al

Filing 19

ORDER denying as moot 18 Motion to Waive Mediation. Signed by Magistrate Judge Robert B. Jones, Jr on 1/5/2021. Copy sent via US Mail to Randy Price 234 Lassiter Farms Ln., Clayton, NC 27520. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:20-CV-415-BO
RANDY PRICE,
Plaintiff,
v.
ANN JOO KIM and ILGWU DEATH
BENEFIT FUND 3,
Defendants.

)
)
)
)
)
)
)
)
)
)

ORDER

This matter is before the court on Defendants' motion to waive mediation. [DE-18].
Defendants assert this case was automatically selected for mediation under the Local Rule
101.la(b). Id. at 1. However, pursuant to that rule, "[c]ases wherein the United States is a party
or any party appears prose are not included within this automatic selection for mediation." Local

Rule 101.la(b) (emphasis added). The Plaintiff in this case appears prose. Accordingly, this case
was not automatically selected for mediation, and mediation has not otherwise been ordered by the
court. See Scheduling Order [DE-17] (providing that "[u]pon request, the court will assist with
settlement negotiations or other ADR by making available a judge other than the trial judge to
explore these possibilities."). Accordingly, the motion is denied as moot.
SO ORDERED, the 5th day of January, 2021.

.0

t:-1-

Robert B. Jon{Jr. •
· United States Magistrate Judge

Case 5:20-cv-00415-BO Document 19 Filed 01/05/21 Page 1 of 1