Gentile, et al v. Brunswick County Sheriff's Department, et al

Filing 19

INITIAL ORDER REGARDING PLANNING AND SCHEDULING - The court denies without prejudice the motion to dispense with mediation (DE 17) as untimely. The court sets a deadline of May 31, 2013, for the making of any motion to dismiss for lack of jurisdicti on, insufficiency of process, and/or failure to state a claim. Discovery plan due by June 4, 2013. This case is set for scheduling conference by telephone on June 13, 2013 at 1:30 p.m. Counsel should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 04/30/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
NO. 7:13-CV-81-FL

ANDREW GENTILE; CHRISTINE
GENTILE; and REDGATOR PAWN
SHOP,
Plaintiffs,

v.
JOHN INGRAM, in his individual and
official capacity as Sheriff of Brunswick
County; RYAN NEWMAN, in his
individual and official capacity as a
Detective for the Brunswick County
Sheriffs Department; MICHAEL
MURRAY, in his individual and official
capacity as a Detective for the
Brunswick County Sheriffs
Department; BRUNSWICK COUNTY;
WESTERN SURETY COMPANY;
BRUNSWICK COUNTY DISTRICT
ATTORNEY'S OFFICE; and
MEREDITH EVERHART, in her
individual capacity as an Assistant
District Attorney with the Brunswick
County District Attorney's Office,
Defendants.

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INITIAL ORDER REGARDING
PLANNING AND SCHEDULING

This case has been assigned to the docket of Judge Louise W. Flanagan, and having reviewed
the matters of record, where the answer (DE 10) presages certain preliminary motion( s) for dismissal
predicated upon Rule 12, the court sets a deadline of May 31, 2013, for the making of any motion
to dismiss for lack ofjurisdiction, insufficiency of process, and/or failure to state a claim. The court

denies without prejudice the motion to dispense with mediation (DE 17) as untimely. Pursuant to
Federal Rule of Civil Procedure 26(t), the court sets the following deadlines and requirements for
conference activities, initial disclosures, and submission of the parties' joint status report and
proposed plan for discovery. Pursuant to Rule 16(b), this case is set for scheduling conference by
telephone on June 13, 2013 at 1:30 p.m. (E.S.T.).

I.

Rule 26(t) Conference
The Rule 26(t) conference must occur on or before twenty-one (21) days from entry of

this order. The parties through counsel jointly are responsible for arranging the conference and for
attempting in good faith to agree on a proposed plan for completion of discovery, filing of motions,
pretrial and trial activities, and other matters addressed in this order.

II.

Initial Disclosures
Mandatory initial disclosures required by Rule 26(a)(1) must be made within

fourteen (14) days after the Rule 26(t) conference, unless (a) a different time is set by stipulation
of the parties or court order; or (b) a party objects during the Rule 26(t) conference and states the
objection and the response thereto in the report and plan filed with the court. Absent a stipulation
or court order, any party first served or otherwise joined after the conference must make these
disclosures within thirty (30) days after being served or joined. Failure to disclose information
required by Rule 26(a) or 26(e)(l) may subject the offending party or parties to sanctions pursuant
to Rule 37. In order to facilitate settlement negotiations and to avoid unnecessary expense, the
parties may agree that, without any need for formal requests for production, copies of the various
documents and/or electronically stored information described in the parties' Rule 26(a)(l)
disclosures shall be exchanged or made available for inspection and copying by a date certain.
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III.

Joint Report and Plan
The report and plan shall be filed with the court within fourteen (14) days after the

conference. The report and plan shall inform of the date on which the Rule 26(t) conference took
place, persons participating therein, list all persons serving as lead counsel who are required to attend
the Rule 16(b) telephone conference to which reference is made in Section IV below, and provide
telephone numbers for these individuals. The following must be considered at the Rule 26(t)
conference and also included in the report and plan:
A.

Discussion of the nature and complexity of the case. 1 This shall be presented
in the form of a brief statement which contains information from all parties
and presents their respective positions including:
1.

The asserted basis for the court's subject matter jurisdiction;

2.

The most important or key factual issues and legal issues that are
believed to be involved in the case; and

3.
B.

A breakdown of damages sought.

Specific information concerning the parties' plan for discovery, including:
1.

The subjects on which discovery may be needed;

2.

Whether discovery shall be conducted in phases and/or limited to or

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Routine cases generally subscribe to a track which permits disposition within twelve (12) to fourteen (14)
months after the filing of the complaint, where parties are joined within two months after conference, any amendments
to pleadings as of right or subject to motion are made within two months, initial motions to dismiss are made within three
months, all discovery is completed within six to eight months after conference, and dispositive motions filed within one
month after the close of discovery, also in accordance with Local Civil Rule 7.1(a). A complex case subscribes to an
extended track, taking into consideration large numbers ofparties, large numbers ofclaims and defenses, highly technical
issues and proof, multiple experts, greater than normal amounts of documents and evidence, and/or necessity for an
extended period of discovery. A complex case contemplates trial within sixteen ( 16) to eighteen ( 18) months of the filing
of the complaint.

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focused upon particular issues;
3.

The categories of discovery to be utilized by the parties, and proposed
limitations;

4.

Whether there are any issues relating to disclosure or discovery of
electronically stored information, including issues as to the form(s)
in which such information shall be produced;

5.

Whether there are any issues relating to claims of privilege of
protection as trial-preparation material;

6.
7.
C.

The date on which all discovery shall be concluded; and
Whether any particular discovery problems are anticipated.

Proposed deadlines in addition to the deadline for discovery mentioned
above, including for:
1.

Disclosure of expert witness information where appropriate;

2.

Joining additional parties;

3.

Amending pleadings;

4.

Filing of all motions, including dispositive ones (except motions in
limine).

5.

Setting of the pretrial conference; and

6.

Establishment of the trial date (the parties shall inform whether the
trial will be jury or non-jury). The court expects to set a definite trial
date for this case which does not conflict with criminal case settings.
When addressing the proposed trial date, counsel may inform of
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complications requested to be considered in this setting.
D.

The possibility of settlement and the parties' information concerning which
procedure (mediated settlement conference, arbitration, summary trial, or
other) is appropriate. See Local Civil Rule 101 et seq.
1.

Certain categories of civil cases automatically are selected for
mediated settlement conference, which must occur prior to close of
the discovery period. Local Civil Rule 101.1a(a),(b). The parties
shall in accordance with Local Civil Rule 101.1 a(b ), discuss their
mediation plans at the Rule 26(f) conference and report their plans in
the joint report and plan. Any request for exemption from automatic
mediation shall be raised in the joint report and plan, instead of by
motion as contemplated by Local Civil Rule 10 1.a(e).

2.

Even if the case is not automatically selected for mediated settlement
conference, the parties still shall discuss and report upon their
proposed settlement procedures where, ordinarily, a settlement
procedure appropriate to a particular case shall be used in every civil
action in advance of the final pretrial conference.

Agreements

reached regarding settlement procedures also shall be included in the
joint report and plan.
E.

The parties' position on whether a magistrate judge may conduct all
proceedings, including trial and entry of judgment, pursuant to 28 U.S.C.

§ 636(c) (including entry of final judgment, with any appeal directly to the
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Fourth Circuit Court of Appeals), and Local Civil Rule 73 .1. Answer Yes or
No only.
F.

If another case is pending of or relating to the instant matter, raising potential
issues of consolidation or assignment, the report also shall provide notice of
this. The parties shall identify the other case(s), and provide their position as
to whether consolidation of the actions is or may become appropriate, and!or
whether assignment now of related cases to a single judge is likely to result
in administrative efficiencies.

G.

Any scheduling issue affecting counsel or the parties. This report affords the
opportunity to announce compelling personal or professional considerations,
as appropriate, which may affect the scheduling or course of proceedings.

If the parties have made a good faith attempt to confer and submit a joint discovery plan, but
have been unable to do so, the parties shall file separate plans within the allotted time period, each
of which must include the parties' respective positions and information as would be included in a
joint report.

IV.

Rule 16(b) Scheduling Conference
Attendance of each party through lead counsel is required at the pretrial conference

by telephone, set herein before the undersigned on June 13,2013 at 1:30 p.m. This proceeding
likely is set in this case on a date on which the court is conducting a series of similar pretrial
conferences at anticipated thirty (30) minute intervals. An order shall be entered immediately after
this conference reflecting results premised upon the court's consideration of the parties'
representations in the report and plan, and the issues considered at said conference. Case deadlines

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established among the terms of the order will not be altered by the court absent extenuating
circumstances.
SO ORDERED, this the 30th day of April, 2013.

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~LANAGAN

United States District Court Judge

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