Stahle v. CTS Corporation

Filing 29

ORDER that the parties conduct an Initial Attorneys Conference not later than September 8, 2016 and further, the parties shall file a Certification and Report of Initial Attorneys Conference on or before September 15, 2016. Signed by Magistrate Judge Dennis Howell on 9/1/2016. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14 CV 48

KENT STAHLE,

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Plaintiff,
v
CTS CORPORATION,
Defendant.

ORDER

THIS MATTER is before the undersigned upon a review of the file in this
matter. The record shows that the United States Court of Appeals for the Fourth
Circuit issued an Order that was filed on March 2, 2016 (#26) reversing the Order
of the District Court dismissing this action and remanding this matter back for
further proceedings. The mandate of the United States Court of Appeals for the
Fourth Circuit was filed on July 6, 2016. Since that time, there has been no further
filings in regard to this matter. LCvR 16.1(A) and (B) provides as follows:
(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). Where the parties believe that the filing of an amended
complaint or other amended initial pleading justifies changes to the
Scheduling Order, the parties shall conduct a supplemental attorney’s
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conference and file an appropriate motion with the court.
LCvR 16.1 (B) further states:
(B) Deadline for Filing the Certification of Initial Attorney’s
Conference. Within seven (7) 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.
LCvR 7.1(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
complaint, third-party complaint, or crossclaim or the final reply to
counterclaim has been filed, or the time for doing so has expired. Rule
12 motions contained in an Answer, but not supported by a brief, act as
placeholders and do not prevent joinder of the issues. Where Rule 12
motions are filed and briefed, issues will not join until such motions are
resolved by the court, unless otherwise ordered by the Court.
Due to the fact that the parties have failed to comply with the above referenced
rules, the Court will now enter the following Order. The Court directs and orders
the parties to conduct an Initial Attorney’s Conference within (7) seven days of the
date of the filing of this Order and to file a Certification and Report of Initial
Attorney’s Conference within (14) fourteen days of the filing of this Order.

ORDER

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IT IS, THEREFORE, ORDERED that the parties conduct an Initial
Attorney’s Conference not later than September 8, 2016 and further, the parties
shall file a Certification and Report of Initial Attorney’s Conference on or before
September 15, 2016.
Signed: September 1, 2016

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