Abatemarco et al v. Legasus of North Carolina, LLC et al

Filing 120

ORDER denying 117 Motion for Discovery. Signed by Magistrate Judge Dennis Howell on 8/14/13. (Pro se litigant served by US Mail.)(nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv23
GERALD ABATEMARCO, et al.,

)
)
Plaintiffs,
)
)
v.
)
)
LEGAUS OF NORTH CAROLINA,
)
LLC, SYNOVUS BANK, et al.,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Joint Motion for Discovery [# 117]. On the
last day of the discovery period, the parties filed a joint motion requesting that the
provisions of a discovery Order entered in the case Synovus Bank v. Karp, Civil
Case No. 1:10-cv-172, be entered in this case. The parties neglected to file a legal
brief in support of their motion, as required by Local Rule 7.1(C). Moreover,
neither party ever filed a motion to compel or a motion for protective order in this
case.
To the extent that the parties voluntarily agree to abide by an Order ruling on
a motion to compel filed in another case, they may certainly do so, and no order
from this Court is necessary. Although, based on the Court’s ruling on the motion
to compel in Karp, it might be prudent for Plaintiffs to voluntarily agree to produce
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the documents and provide Defendants with a privilege log if they have not already
done so, the Court will not enter a discovery order directing that the parties in this
case abide by a discovery Order entered in another case when no party every filed
a discovery motion seeking to compel the production of documents or seeking the
entry of a protective order.

Accordingly, the Court DENIES the motion [# 117].

Signed: August 14, 2013

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