Crain v. Butler

Filing 16

ORDER granting 15 Motion for Discovery and ADR, Expedited. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 4/16/2018. (Collins, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

EDWIN W. CRAIN,
Plaintiff,

)
)
)
vs.
)
Civil Action No. 7:18-cv-00003-FL
)
FRANCES T. BUTLER,
)
Defendant.
)
______________________________________________________________________________

ORDER FOR LIMITED INITIAL DISCOVERY AND EXPEDITED
ALTERNATIVE DISPUTE RESOLUTION
Pursuant to the Court’s April 9, 2018, Text Order, counsel for all parties conferred as
requested, prior to holding their conference required by Fed.R.Civ.P. 26(f) and Local Rule
26.1(e)(2), and have agreed to the following plan for limited initial discovery and expedited
Alternative Dispute Resolution:
1.

Discovery Plan.
(a)

Written Discovery may commence on May 1, 2018, and will be transmitted in time
to be completed within 80 days of May 1, 2018, or by July 20, 2018. Parties
responding to discovery requests shall be diligent with their responses, and will not
seek extensions of time that fall past the 80-day deadline. Parties will attempt to
resolve any discovery disputes that arise by attorney conference, and will file
discovery Motions as a last resort only. Written Discovery requests and Responses
may be sent solely by electronic mail if a party so desires.

(b)

Maximum number of interrogatories by each party to another party, along with
dates the answers are due: Twenty-five interrogatories per party, including
subparts. Responses shall be due as provided by Fed.R.Civ.P. Rule 33 unless
extended by agreement or order.

(c)

Maximum number of requests for admission, along with dates responses are due:
25 requests for per party, including subparts. Responses shall be due as provided
by Fed.R.Civ.P. Rule 36 unless extended by agreement or order.

(d)

(e)

Limits on the length of depositions, in hours: 7 hours

(f)

2.

Each party may take up to ten (10) depositions of parties and/or witnesses, with
arrangements for the depositions being made by agreement of the parties. Parties
will attempt to resolve any deposition scheduling disputes that arise by attorney
conference, and will seek the assistance of the Court as a last resort only. Parties
will not Notice any Depositions without the other party’s agreement and consent.
All depositions shall be scheduled no sooner than May 1, 2018, and shall be
completed within 80 days of May 1, 2018, or by July 20, 2018.

All parties shall make initial disclosures within 14 days of the date of this Order,
and may be sent solely by electronic mail if a party so desires.

Alternative Dispute Resolution: Mediation
The parties are to select a mediator within seven (7) days of the date of this Order. The
Mediated Settlement Conference shall be held no later than August 10, 2018.

3.

Rule 26(f) Conference
The parties have not yet held their conference required by Fed.R.Civ.P. 26(f) and Local
Rule 26.1(e)(2). In the event this case is not fully resolved by settlement pursuant to the
Mediated Settlement Conference, the parties are to hold said conference within 7 days
thereafter, and submit a Rule 26(f) Report to the Court within 14 days after the Mediated
Settlement Conference. The report shall include a notice to the Court that the matter has
not settled.

4.

Stay of deadlines for Rule 26(f) Conference and other case deadlines:
Consistent with the foregoing, all case activities are stayed pending the completion of the
plan outlined above. All parties are therefore given an extension of time to complete their
Rule 26(f) responsibilities and other case deadlines until after the Mediated Settlement
Conference, as noted above. Also, as noted above, Initial Disclosures shall occur prior to
the Rule 26(f) conference in this case, and shall not be required to be repeated in the event
the case does not settle at Mediation.

5.

This plan does not preempt further discovery or Alternative Dispute Resolution efforts in
the event Mediation is unsuccessful.
In the event the Mediated Settlement Agreement does not resolve this case in full, the
parties may propose, and the Court may Order, additional discovery, including but not
limited to additional depositions, as well as additional Alternative Dispute Resolution
efforts, as may be needed and considered prudent.
SUBMITTED by the parties, this the 13th day of April, 2018

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MATTHEW J. DIXON, PLLC

___/s/ Matthew J. Dixon________
MATTHEW J. DIXON # 24208
ATTORNEY FOR THE PLAINTIFF
POST OFFICE BOX 3090
ELIZABETHTOWN, NC 28337
PHONE:
[phone]
FAX:
[phone]
E-MAIL:
[e-mail]
JOHNSON & JOHNSON ATTORNEYS AT LAW P.L.L.C.

___/s/William L. Johnson III________
WILLIAM L. JOHNSON III, # 31617
ATTORNEY FOR THE DEFENDANT
POST OFFICE BOX 2212
ELIZABETHTOWN, NC 28337
PHONE:
[phone]
FAX:
[phone]
E-MAIL:
[e-mail]
SO ORDERED, this the 16th day of April, 2018.

________________________________
LOUISE W. FLANAGAN
United States District Court Judge

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