Anderson vs. Caldwell County Sheriff's Office, et al

Filing 162

ORDER granting in part and denying in part 125 Motion; 1) The Court DENIES the request to hold in abeyance the proceedings in this matter; 2) The Court finds that the request for a scheduling hearing has been rendered MOOT; 3) The Court will ALLOW the motion to modify the scheduling order as follows: Discovery completion: August 1, 2011 Dispositive motions: September 1, 2011 Trial: January 9, 2012. Signed by Magistrate Judge Dennis Howell on 7/1/11. (siw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:09 cv 423
JERRY ANDERSON,
Plaintiff
v
CALDWELL COUNTY SHERIFF’S
OFFICE, et al.,
Defendants.

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ORDER

PENDING before the court is the a motion entitled Joint Motion to Modify the
Scheduling Order, Continue the Trial Date, and Schedule a Rule 16(a) Conference
(#125). In the motion the parties request the Court to hold in abeyance all further
deadlines pending a ruling on the pending motions in this case. Discovery in the case
closed June 7, 2011. Dispositive motions are currently due July 7, 2011. The
undersigned attempted to schedule a hearing in regard to the motion but canceled the
hearing at the request of counsel for plaintiff.
The parties have had ample time in this case to conduct discovery. The court
has previously granted a motion to extend the discovery period in this case. By
waiting until the extended discovery period was nearly closed to file a host of
discovery motions, the parties took a calculated risk that the Court would be unable
to rule on their motions prior to the expiration of the deadline for filing dispositive
motions.
The Court has, however, considered the motion and has consulted with the

District Court. The Count will deny the joint motion to hold in abeyance all deadlines
in this matter. The Court has attempted to hold a scheduling hearing, but at request
of counsel for plaintiff has now canceled the hearing so that portion of the motion is
moot. The Court will extend the deadlines as follows:
The discovery deadline in this matter will be enlarged up to and including
August 1, 2011. The deadline for filing dispositive motions will be enlarged up to
September 1, 2011 and the trial in this matter will be held at the January 9, 2012
session of the District Court.

ORDER
IT IS, THEREFORE, ORDERED that the motion entitled “Joint Motion to
Modify the Scheduling Order, Continue the Trial Date, and Schedule a Rule 16(a)
Conference” (#125) is hereby ALLOWED in part and DENIED in part:
1)

The Court DENIES the request to hold in abeyance the proceedings in

this matter;
2)

The Court finds that the request for a scheduling hearing has been

rendered MOOT;
3)

The Court will ALLOW the motion to modify the scheduling order as

follows:
Discovery completion:

August 1, 2011

Dispositive motions:

September 1, 2011

Trial:

January 9, 2012
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Signed: July 1, 2011

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