Zurich American Insurance Company v. Ken Wilson Trucking, Inc. et al

Filing 17

ORDER that the document entitled Amended Joint Rule 26(f) Report, re: 16 Amended Document, is hereby ordered to be STRICKEN from the records in this file by the Clerk. Signed by Magistrate Judge Dennis Howell on 5/10/13. (ejb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12 cv 283

ZURICH AMERICAN INSURANCE
COMPANY,

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Plaintiff
v
KEN WILSON TRUCKING, INC., Ken
Wilson Ford, Inc. d/b/a Ken Wilson
Sterling Trucks,
Defendants.

ORDER

THIS MATTER has come before the undersigned pursuant to a document
filed by the parties entitled “Amended Joint Rule 26(f) Report” (#16).
The parties in this matter filed a Joint Rule 26(f) Report (#11) on October
30, 2012. Thereafter, on November 8, 2012 the undersigned filed a Pretrial Order
and Case Management Plan (#12).

In the Pretrial Order and Case Management

Plan the undersigned set the following deadlines:
Rule 26 Disclosures:
Selection of Mediator:
Discovery Completion:
Expert Reports:
Mediation:
Motions:
Trial:

November 26, 2012
November 29, 2012
June 1, 2013
January 1, 2013 (plaintiff)
February 1, 2013 (defendants)
June 15, 2013
July 1, 2013
1st session on or after November 12, 2013

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Without filing a motion to amend the Pretrial Order and Case Management
Plan, and without any explanation whatsoever, the parties have now filed what
they denote as “Amended Joint Rule 26(f) Report”(#16). After comparing the
Pretrial Order and Case Management Plan with the Amended Joint Rule 26(f)
Report, it appears what the parties are seeking are changes to the discovery
completion deadline, the motion deadline, and the mediation deadline. The parties
have not provided any reason as to why they are seeking such relief and, in fact,
have not requested any relief at all. By their actions they have forced this Court to
spend time examining and comparing the various filings in this case to try to
discern why the Amended Joint Rule 26(f) Report was filed at all. As a result, this
Court will not grant relief and will order that the Amended Joint Rule 26(f)
Report(#16) be stricken from the records in this file.
Should the parties desire to seek an amendment to the Pretrial Order and
Case Management Plan, the Court would advise they consult with the Local Rules
and file an appropriate motion with an explanation as to the relief that is sought
and the reasons why such relief is necessary, along with a supporting brief, as is
also required by the Local Rules.
ORDER
IT IS, THEREFORE, ORDERED that the document entitled “Amended

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Joint Rule 26(f) Report”(#16) is hereby ordered to be STRICKEN from the
records in this file by the Clerk.
Signed: May 10, 2013

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