Simpson v. Amylin Pharmaceuticals, Inc. et al

Filing 13

ORDER stricking 12 Certification of Initial Attorneys Conference and Discovery Plan. Signed by Magistrate Judge Dennis Howell on 09/06/12. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11 CV 301

JESSICA SIMPSON,

)
)
Plaintiff
)
)
V
)
)
AMYLIN PHARMACEUTICALS, INC., )
TODD BILLINGSLEY, DENISE
)
PRINDIVILLE, and CAROLINE ESPREE, )
)
Defendants
)

ORDER

THIS MATTER is before the undersigned pursuant to a Certification and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#12). After receipt of the
certification, the undersigned began the preparation of a Pretrial Order and Case
Management Plan. After a review of the file it appeared there has not been a joinder
of the issues in this case which is required by LCvR 16.1(A) and (D) in this case. An
examination of the file does not show that an answer has been filed by defendants to
the allegations contained in the First Amended Complaint (1). It would further appear
that the time for defendants to file an answer to the amended complaint has expired.
Due to the fact that issues have not joined as provided by the Local Rules the
Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#12) will
be ordered to be stricken from the record. Plaintiff’s counsel and defendants’ counsel
are hereby placed on notice that an answer has not been filed and issues have not
joined.

ORDER
IT IS, THEREFORE, ORDERED that the Certification and Report of
F.R.C.P. 26(f) Conference and Discovery Plan (#12) is hereby ORDERED to be
stricken from the file in this matter.

Signed: September 6, 2012

2