First Citizens Bank & Trust Company v. Malt, Sr. et al

Filing 15

ORDER denying the 14 Certification of Initial Attorneys Conference and Discovery Plan. The Court will not enter a Pretrial Order and Case Management Plan at this time. See Order for further instruction. Signed by Magistrate Judge Dennis Howell on 07/09/2015. (klb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15 CV 31

FIRST CITIZENS BANK & TRUST
COMPANY,

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Plaintiff
v
ROBERT C. MALT, SR., C. RICHARD
MALT, and DAVID G. MALT,
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 (#14).

In the

certification, the parties request that the undersigned enter a Pretrial Order and Case
Management Plan.
An examination of the file in this matter shows that on June 30, 2015
Defendants filed a Third-Party Complaint (#12) against Parkwoods II NC, LLC and
a summons was issued on such date to the Third-party Defendant, Parkwoods II NC,
LLC.
LCvR 16.1(A) states 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
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confer as provided by Fed.R.Civ.P. 26(f), and conduct an “Initial
Attorney’s Conference” (“IAC”).
Joinder of issues is defined in LCvR 16.1(D) as follows:
(D) Joinder of the Issues. For the limited purpose of these Local
Rules, “joinder of the issues” occurs when the final answer to a
complaint, third-party complaint, or cross claim or the final reply to
counterclaim has been filed, or the time for doing so has expired.
Due to the filing of the Third-Party Complaint, joinder of issues has not
occurred in this matter and will not occur until the final Answer to the Third-Party
Complaint or any cross-claim or a final reply to a counter-claim has been filed, or
the time for doing so has expired. As a result, the undersigned will deny the request
to enter a Pretrial Order and Case Management Plan in this matter. The parties will
be directed to present a Certification of Initial Attorneys Conference and Discovery
Plan within ten (10) days after there has been “joinder of issues” in this matter.
ORDER
IT IS, THEREFORE, ORDERED that the Certification and Report of
F.R.C.P. 26(f) Conference and Discovery Plan (#14) will be DENIED and the Court
will not enter a Pretrial Order and Case Management Plan at this time. The parties
are ordered and directed to, within ten (10) days after joinder of issues has

occurred in this matter, file a Certification of Initial Attorneys Conference and

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Discovery Plan entered into between all parties in this matter.

Signed: July 9, 2015

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