R.L. v. Burke County Public Schools Board of Education et al

Filing 15

ORDER that in considering the Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan 14 as a motion, the undersigned will DENY the motion and will not enter a Pretrial Order and Case Management Plan until service has been made upon all Defendants and joinder of issues has occurred. Signed by Magistrate Judge Dennis Howell on 10/21/2013. (thh)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13 CV 227

R.L., as lawful guardian ad litem of
Minor Child A.L.,

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Plaintiff
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v
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BURKE COUNTY PUBLIC SCHOOLS
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BOARD OF EDUCATION, KATHY AMOS,)
DAVID BURLESON, JOHN ROES 1-10
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and MICHAEL ANDREW ALEXANDER, )
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Defendants.
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ORDER

THIS MATTER is before the undersigned pursuant to a Certification and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#14) filed in the above
entitled matter. LCvR 16.1(A) provides as follows:
LCvR 16.1 PRETRIAL CONFERENCES
(A) Initial Attorney’s Conference. As soon as is practicable, and in
any event not later than fourteen (14) days from joinder of the issues
(as defined in Section (D) below), the parties or their counsel shall
confer as provided by Fed. R. Civ. P. 26(f), and conduct an “Initial
Attorney’s Conference” (“IAC”). In addition, counsel shall also
discuss at such conference consent to magistrate judge jurisdiction.
The term “joinder of the issues” are defined further in LCvR 16.1(D):
(D) Joinder of the Issues. For the limited purpose of these Local
Civil Rules, “joinder of the issues” occurs when the final answer to a
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complaint, third-party complaint, or crossclaim or the final reply to
counterclaim has been filed, or the time for doing so has expired.
An examination of the file in this matter does not show that service has been
obtained by the Plaintiff upon Defendant Michael Andrew Alexander and there has
not been an answer filed on behalf of Mr. Alexander. Thus, the issues in this
matter have not joined and as a result, the undersigned will deny the Certification
and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#14) without
prejudice.
ORDER
IT IS, THEREFORE, ORDERED that in considering the Certification and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#14) as a motion, the
undersigned will DENY the motion and will not enter a Pretrial Order and Case
Management Plan until service has been made upon all Defendants and joinder of
issues has occurred.
Signed: October 21, 2013

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