McGeorge v. Ingles Markets, Incorporated

Filing 24

ORDER granting 14 Motion for Protective Order, and Plaintiff is directed to submit the proposed protective order within 5 days of the entry of this Order to the Court via cyber clerk; denying without prejudice 18 Motion for Discovery. Signed by Magistrate Judge Dennis Howell on 5/21/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12cv378
DEANNA McGEORGE,
Plaintiff,
v.
INGLES MARKETS,
INCCORPORATED,
Defendant.
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ORDER

Pending before the Court is the Plaintiff’s Motion for Protective Order
[# 14] and Motion for Discovery [# 18]. Plaintiff moves for the entry of a
protective order and to compel Defendant to respond fully to her discovery
requests. Plaintiff has now filed three discovery related motions in this Court.
Upon a review of the pleadings in this case, the Court finds that Plaintiff has failed
to confer in good faith with Defendant. Accordingly, the Court DIRECTS the
parties as follows:
(1)

The Court GRANTS the Motion for Protective Order [# 14] as
Defendant does not oppose the entry of the proposed order. The
Court DIRECTS Plaintiff to submit the proposed protective order
within five (5) days of the entry of this Order to the Court via cyber
clerk.

(2)

The Court DENIES without prejudice the Motion for Discovery
[# 18].

(3)

Prior to filing any further discovery motions in this case, the parties
must hold a discovery conference either by telephone or in person and
attempt to resolve the discovery dispute without the Court’s
intervention. Email communication or communication via written
letters will not suffice.

(4)

The Court will not consider any further discovery motions in this case
unless the moving party attaches to the motion an affidavit of counsel
setting forth: (a) the date, time, and place of the discovery conference,
as well as the names of each person participating in the conference;
(b) the issues addressed at the discovery conference; and (c) the steps
taken after the discovery conference to resolve the discovery dispute
without Court intervention.

(5)

If after a review of the affidavit the Court finds that the moving party
did not undertake a good faith effort to resolve the dispute and did not
provide the opposing side a reasonable opportunity to resolve a
discovery related issue prior to filing a motion, the Court will
summarily deny the motion with prejudice.

Signed: May 21, 2013