Blakley v. Bates et al

Filing 17

ORDER discharging the 12 Show Cause Order; granting in part and denying in part Pltf's 16 Amended Motion for Limited Expedited Discovery and to Extend Time to Identify and Serve Deft John Doe; parties to conduct an in itial attorneys' conference (IAC) within 14 days of this Order and submit a certificate of IAC to the Court within 7 days thereafter; discovery not to be limited to identity of the John Doe Deft; and Pltf has an additional 120 days from the entry of this Order to identify and effectuate service upon the Deft Supervisor John Doe. Signed by District Judge Martin Reidinger on 11/14/14. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00165-MR-DLH

DEMARCUS BLAKLEY,

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Plaintiff,
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vs.
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CORRECTIONAL OFFICER BATES, )
CORRECTIONAL OFFICER BOYER, )
SUPERVISOR JOHN DOE, and
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ADMINISTRATOR RICHARD TERRY, )
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Defendants.
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________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiff’s Show Cause
Response and Amended Motion for Limited Expedited Discovery and to
Extend Time to Identify and Serve Defendant John Doe [Doc. 16].
On November 3, 2014, the Court entered an Order directing the
Plaintiff to show cause for his failure to effect service on Defendant
Supervisor John Doe. [Doc. 12]. The Plaintiff now responds to this Show
Cause Order. In his response, the Plaintiff requests permission under Rule
26(d) to conduct limited expedited discovery for a period of 60 days so that
he may attempt to identify and effectuate service on Defendant Supervisor

John Doe.

The Defendants who have appeared in this action do not

oppose the Plaintiff’s request. [Doc. 16].
For the reasons stated in the Plaintiff’s Motion, and for cause shown,
the Court will direct the parties who have appeared to date in this action to
conduct an initial attorneys’ conference and submit a certificate of initial
attorneys’ conference to the Court so that a case management plan can be
entered and discovery can commence. The Court further will grant the
Plaintiff an additional 120 days to identify and effectuate service on
Defendant Supervisor John Doe.
IT IS, THEREFORE, ORDERED that the Show Cause Order is
hereby DISCHARGED.
IT IS FURTHER ORDERED that Plaintiff’s motion [Doc. 16] is
GRANTED in part and DENIED in part as follows: the parties shall
conduct an initial attorneys’ conference within fourteen (14) days of the
entry of this Order and submit a certificate of initial attorneys’ conference to
the Court within seven (7) days thereafter. Discovery is not to be limited to
the identity of the John Doe Defendant.
IT IS FURTHER ORDERED that the Plaintiff shall have an additional
120 days from the entry of this Order within which to identify and effectuate
service upon the Defendant Supervisor John Doe.
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IT IS SO ORDERED.

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