Jacobs v. Robeson County Public Library, et al

Filing 33

Rule 26(f) Report (joint) by Board of Directors for Robeson County Public Library, Robert F. Fisher, Sherryl Lynn Jacobs, Gayle McLean, Robeson County Public Library, Horace Stacy, Tina Mellen Stepp Thomas. (Purcell, William)

THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO: 7:12-CV-20-FL
SHERRYL LYNN JACOBS,
Plaintiff,

v.

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ROBESON COUNTY PUBLIC LIBRARY,
BOARD OF DIRECTORY FOR ROBESON
COUNTY PUBLIC LIBRARY, ROBERT F.
FISHER, HORACE STACY, GAYLE MCLEAN,
and TINA MELLEN STEPP THOMAS
Defendants.

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26 (F) REPORT

REPORT OF THE PARTIES' PLANNING MEETING
The following persons participated in a Rule 26(f) conference on April30, 2012, in
person:
Sherryl L. Jacobs, Plaintiff, and her husband Dr. Lynn B. Jacobs
William R. Purcell, II, representing the Defendants
Initial Disclosures. The parties will complete by May 14, 2012 the initial disclosures
required by Rule 26(a)(l).
A.

Discussion ofNature and Complexity of the Case:

This is not a complex case. Plaintiff contends that Defendants failed to reasonably
accommodate her disabilities and harassment. Defendants contend that Plaintiffwas not, ·
disabled, and that no reasonable accommodation was denied and that Plaintiff was terminated for
misconduct unrelated to any alleged disability. Plaintiff alleges the Court has jurisdiction under
the Americans with Disabilities Act. Plaintiff seeks TWO HUNDRED THIRTY THOUSAND

AND N0/100 DOLLARS ($230,000.00) in compensatory damages that she calculates as ten (10)
years X $23,000, which does not take into consideration the pay increases she would have
received as a Para-Professional by her planned retirement date. She also alleges she is entitled to
punitive damages in amount of SEVEN HUNDRED FIFTY THOUSAND AND NOll 00
DOLLARS ($750,000.00). Defendants deny she is entitled to any damages.
B.

Discovery Plan. The parties propose this discovery plan:·
1.

Discovery will be needed on these subjects:
Whether Plaintiff is disabled?
Whether Plaintiff requested reasonable accommodations?
Whether Defendants failed to make reasonable accommodations?
Whether Plaintiffs employment was terminated in violation of the ADA

2.

Discovery will commence May 14, 2012. Expert Discovery should follow
all other Discovery. All discovery should be completed by November 19,
2012.

3.

Categories and Limitations:
a.

Maximum number of interrogatories by each party to another party,
along with the dates the answers are due.
As provided in Rule 33 of the Federal Rules of Civil Procedure

b.

Maximum number of requests for admission, along with the dates
responses are due.
35 Responses due in accordance with Rule 36 of the FRCP

c.

Maximum number of depositions by each party. 10

d.

Limits on the length of depositions, in hours. 4

4.

No issues as to electronically stored information at this time.

5.

No issues relating to claims or privileges at this time.

6.

All discovery should be concluded by November 15,2012, except for

2

expert discovery, if any. Plaintiff will designate any expert within fifteen
(15) days of close of discovery and Defendants shall have thirty (30) days
to depose Plaintiffs expert. Defendant will designate its expert fifteen
(15) days after deposing Plaintiffs expert and Plaintiffhall have thirty (30) days
to depose Defendant's expert(s). All discovery will be completed by February 15,
2013.
7.
C.

No particular discovery problems are anticipated at this time.

Other Deadlines
1.

Dates for exchanging reports of expert witnesses.
Thirty (30) days after close of discovery

2.

Final dates for the plaintiff to amend pleadings or to join parties.
May 30,2012

3.

Final dates for the defendant to amend pleadings or to join parties.
June 15, 2012

4.

Final dates to file dispositive motions. February 15, 2013

5.

Pretrial Conference- at Courts discretion

6.
The trial will be a jury. Trial date is anytime after 15th of February. The
only known complication is that counsel for the Defendants serves on the North
Carolina State Bar Council which meets quarterly for 3-4 days.
D.

Prospect of Settlement
At this time is does not appear that settlement is likely. The parties would
like to submit the case to mediation.

E.

The parties do not agree to submit all proceedings to a Magistrate Judge.

F.

No request for early Rule 16(b) conference.

3

05/12/12

6:21 AM

Page 4

Date; lJ May 2012

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This the 14th day of May, 2012

Sherryl Lynn Jacobs
Post Office Box 175
Orrum, North Carolina 28369
91 0-628-63 31
FinderO [e-mail]
Plaintiff

Is/ William R. Purcell, II
William R. Purcell, II
Law Office of William R. Purcell, II, PLLC
210 West Cronly Street
Post Office Box 1567
Laurinburg, North Carolina 28352
Telephone: [phone]
Facsimile: [phone] ·
[e-mail]
North Carolina State Bar No: 13080
Attorney for Defendants

CERTIFICATE OF SERVICE .

I herby certify that a copy of the foregoing has been served upon Plaintiff by
depositing a copy thereof in the United States mail, first-class, postage prepaid, addressed
·
as follows:
Ms. Sherry! Lynn Jacobs
Post Office Box 175
Orrum, North Carolina 28369

This the 14th day of May, 2012

Is/ William R. Purcell, II
William R. Purcell, II
Law Office of William R. Purcell, II, PLLC
210 West Cronly Street ·
Post Office Box 1567
Laurinburg, North Carolina 28352
Telephone: [phone]
Facsimile: [phone]
[e-mail]
North Carolina State Bar No: 13080
Attorney for Defendants