Davis v. Scope Services

Filing 27

ORDER denying 21 Motion to Dismiss for Lack of Prosecution; denying as moot 26 Motion for Extension of Time. Signed by Magistrate Judge Dennis Howell on 12/30/2013. (Pro se litigant served by US Mail.)(thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv58
SONYA DAVIS,

)
)
Plaintiff,
)
)
v.
)
)
SCOPE SERVICES,
)
)
Defendant.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Dismiss [# 21] filed by Defendant.
Defendant moved to dismiss with prejudice this action brought by the pro se
Plaintiff. Upon a review of the Defendant’s motion, the record, and the relevant
legal authority, the Court DENIES the motion [# 21] because dismissal with
prejudice is not warranted in this case at this time.
After the Court entered its Pretrial Order and Case Management Plan, the
parties filed a Joint Stipulation of Consent to Jurisdiction by a United States
Magistrate Judge. In addition, Defendant moved for a ninety day extension of the
discovery, mediation, and motion deadline in this case. Upon a review of the
docket, the Court DIRECTS the parties as follows:
(1)

Discovery in this case shall close April 1, 2014. Any motions

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to compel or other discovery motions must be filed no later than
March 1, 2013.
(2)

The mediation deadline is April 15, 2014

(3)

Dispositive motions are due May 15, 2014

(4)

Once the Court has ruled on any pending motions for summary
judgment or if no such motions are filed, the Court will set a
pretrial conference in this case and place it on the Court’s trial
calendar. The case, however, is no longer set for a September
8, 2013, bench trial.

(5)

The Court DENIES as moot the Motion for Extension of Time
[# 26].

Signed: December 30, 2013

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