Roland et al v. U. S. Citizenship and Immigration Service et al

Filing 12

ORDER denying without prejudice the 11 Motion to Stay. Signed by Magistrate Judge Dennis Howell on 05/05/2015. (klb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:14cv289
ROBERT S. ROLAND, and WAN
HANG GLORIA CHAN,

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)
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Plaintiffs,
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v.
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UNITED STATES CITIZENSHIP
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AND IMMIGRATION SERVICES,
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et al.,
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Defendant.
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___________________________________ )

ORDER

Pending before the Court is the Joint Motion to Stay Discovery
Requirements [# 11]. Previously, the District Court denied without prejudice the
Defendants’ Motion to Dismiss and directed the parties that they may reassert “the
substance of such motion at the close of discovery in a Motion for Summary
Judgment.” (Order, Mar. 27, 2015.) Subsequently, the parties completed the
Initial Attorney’s Conference but did not submit the Certificate of Initial
Attorney’s Conference as required by the Court’s Local Rules. LCvR 16.1(B).
Instead, the parties filed a Joint Motion to Stay Discovery in which they seek a
suspension of discovery and the Requirements of Rule 26(a) of the Federal Rules
of Civil Procedure.
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As the Court’s Local Rules explain: “If the parties choose to stipulate out of,
or object to, the mandatory initial disclosure procedures required by Fed R. Civ. P.
26(a)(1), they must so indicate in the discovery plan. LCvR 16.1(B). Moreover,
the parties may jointly request a discovery track of zero months in their Certificate
of Initial Attorney’s Conference. This Court can then address these issues in the
Pretrial Order. The Court, however, cannot issue the Pretrial Order until the
parties submit their Certificate of Initial Attorney’s Conference and discovery plan
(even if that plan requests no time for discovery). Accordingly, the Court
DENIES without prejudice the motion [# 11]. The parties shall have seven (7)
days after the entry of this Order to submit a Certificate of Initial Attorney’s
Conference. Upon the submission of the Certificate of Initial Attorney’s
Conference the Court will consult with the District Court regarding the parties’
proposed discovery plan and enter a Pretrial Order as directed by the District
Court.
Signed: May 5, 2015

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