MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 359

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 3/21/2014; that Defendant Linwood E. Wilson's Motion for Extension of Time for Rule 26(f) and Local Rule 16.1 and Rule 26(f) Report [Doc. #353 ] and Defendant City of Durham's Motion to Modify Initial Pretrial Scheduling Order [Doc. #356 ] are GRANTED. FURTHER ORDERED that the Pretrial Scheduling Conference set for Friday, March 28, 2014, in Winston-Salem, North Carolina, is CONTINUED to May 23, 2014, at 9:30 a.m. in the United States Courthouse, 251 North Main Street, Winston-Salem, North Carolina (Courtroom No. 3). (Sheets, Jamie)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA RYAN MCFADYEN, et al., Plaintiffs, v. DUKE UNIVERSITY, et al., Defendants. ) ) ) ) ) ) ) ) ) 1:07CV953 ORDER This matter is before the Court on Defendant Linwood E. Wilson’s Motion [Doc. #353] for an extension of time and Defendant City of Durham’s Motion [Doc. #356] to modify the Pretrial Scheduling Order. The Court has reviewed the Motions and will allow both Motions. The Court notes that the matter was referred to the undersigned for consideration of any requests for expedited discovery while the case was otherwise held in abeyance. However, based on the present Motions, it appears that the parties now agree that no discovery is needed or requested, whether for advancement of settlement discussions or otherwise, while the case is being held in abeyance. The request for a continuance will therefore be allowed, and the case will be set for a scheduling conference on May 23, 2014, at 9:30 a.m. The parties must meet and confer by May 16, 2014, and submit their joint or individual Rule 26(f) Reports by May 20, 2014. The Court notes that the case has now been set for trial during the October 2014 Trial Calendar, at the direction of the District Judge. Therefore, any discovery plans will need to provide for the completion of all discovery in advance of the October 2014 trial. IT IS THEREFORE ORDERED that Defendant Linwood E. Wilson’s Motion for Extension of Time for Rule 26(f) and Local Rule 16.1 and Rule 26(f) Report [Doc. #353] and Defendant City of Durham’s Motion to Modify Initial Pretrial Scheduling Order [Doc. #356] are GRANTED. IT IS FURTHER ORDERED that the Pretrial Scheduling Conference set for Friday, March 28, 2014, in Winston-Salem, North Carolina, is CONTINUED to May 23, 2014, at 9:30 a.m. in the United States Courthouse, 251 North Main Street, Winston-Salem, North Carolina (Courtroom No. 3). This, the 21st day of March, 2014. /s/ Joi Elizabeth Peake United States Magistrate Judge 2

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