McEntyre v. Greene et al

Filing 29

ORDER re 28 Certification of Initial Attorneys Conference and Discovery Plan. Pro se Pla and counsel for the Dft are directed to conduct an initial attorneys conference on or before 8/21/2014 as req'd by LCvR 16.1(A). Signed by Magistrate Judge Dennis Howell on 08/07/2014. (Pro se litigant served by US Mail.) (klb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13 CV 238

TERRY LEE McENTYRE,

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Plaintiff
v
DUDLEY GREENE and JAMES A.
MANIS,
Defendants.

ORDER

THIS MATTER has come before the undersigned pursuant to a
Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#28)
filed by the Plaintiff in this matter. The parties were directed by the Clerk to
conduct an initial attorney’s conference on or before August 5, 2014 and to file a
certificate of initial attorney’s conference within seven days thereafter. LCvR 16.1
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.
See LCvR 73.1(C).
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(B) Deadline for Filing the Certification of Initial Attorney’s
Conference. Within five (5) days of the IAC, the parties shall
complete and file the Certification of Initial Attorney’s Conference
(“CIAC”), which shall include a proposed discovery plan. The CIAC
shall serve as a guideline for the Court in issuing a Scheduling Order
as provided by Fed.R.Civ.P. 16(b). If the parties choose to stipulate
out of, or object to, the mandatory initial disclosure procedure
required by Fed.R.Civ.P. 26(a)(1), they must so indicate in the
discovery plan.
An examination of the Certification and Report (#28) filed in this matter
leads the undersigned to believe that the initial attorney’s conference has not, in
fact, been completed. The document is not signed by counsel for the Defendants
and the document refers to the fact that the initial pretrial conference was
conducted on June 30, 2014 which was prior to the directive issued by the Clerk on
July 22, 2014 that the initial attorney’s conference be conducted. The certification
further reflects that discovery is to be completed by September 4, 2014 which
would give the parties less than one month to complete discovery in this case. As a
result, the undersigned will decline to enter any relief requested in the certification
and will enter an Order directing that the pro se Plaintiff and counsel for the
Defendants conduct an initial pretrial conference as prescribed by LCvR 16.1(A)
and within five (5) days of the initial attorney’s conference, the parties complete
and file a certification of initial attorney’s conference which has been signed by the
Plaintiff and counsel for the Defendants.

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ORDER
IT IS, THEREFORE, ORDERED that any relief sought by the
Certification and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#28) is
DENIED without prejudice. The pro se Plaintiff and counsel for the Defendants
are ordered and directed to conduct an initial attorney’s conference on or before
August 21, 2014 and as required by LCvR 16.1(A). Within five (5) days of the
initial attorney’s conference, both the pro se Plaintiff and counsel for the
Defendants are to file a certification of initial attorney’s conference as provided by
LCvR 16.1(B) which shall be signed by both the pro se Plaintiff and counsel for
the Defendants.

Signed: August 7, 2014

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