Norkunas v. HP HOSPITALITY, LLC

Filing 14

ORDER, ( Scheduling Conference set for 8/27/2010 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell.). Signed by Magistrate Judge Dennis Howell on Auguar 18, 2010. (jhg)

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IN THE UNITED STATES DISTRICT COURT FOR T H E WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :1 0 cv 95 W I L L I A M NORKUNAS, Individually, P laintiff v H P HOSPITALITY, LLC, A Limited L ia b ility Company, Defendant. ) ) ) ) ) ) ) ) ) )

ORDER

T H IS MATTER coming on before the undersigned pursuant to a document en titled "Joint Rule 26(f) Report" (#12) which the court has considered as a certificatio n of initial attorneys conference as set forth under LCvR 16.1(B). In the rep o rt, the parties advise the defendant desires to request a stay of discovery pending a ruling on a motion for summary judgment and the plaintiff does not consent to a stay o f discovery. It is the experience of the undersigned that most motions for summary ju d g m e n t are almost exclusively filed after discovery has been completed. The parties f u r th e r report they cannot evaluate the case for settlement purposes prior to a ruling o n a proposed defendant's Motion for Summary Judgment. It is this court's

ex p erien ce that mediation be completed before the filing of dispositive motions. B ased upon these issues, the undersigned has determined it would be appropriate to h a v e a hearing with the parties to discuss issues regarding discovery prior to the entry o f the Pretrial Order and Case Management Plan.

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ORDER IT IS, THEREFORE, ORDERED that counsel for the plaintiff and counsel fo r the defendant appear before the undersigned concerning the Pretrial Order and C ase Management Plan 2:00 p.m. on August 27, 2010 in courtroom #2 of the United S tates Courthouse in Asheville, NC.

Signed: August 18, 2010

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