Kotsias v. CMC II, LLC et al

Filing 36

ORDER re 33 MOTION for Extension of Time to Respond to Discovery Requests. Defendant ESIS shall have 10 days from the entry of this Order to fully respond to Plaintiff's discovery requests. Signed by Magistrate Judge Dennis Howell on 8/11/2016. (khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv242
RITA KOTSIAS,

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Plaintiff,
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v.
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CMC II, LLC et al.,
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Defendants.
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___________________________________ )

ORDER

Pending before the Court is the Motion for Extension of Time [# 33].
Plaintiff brought this action on October 23, 2015. Defendant ESIS filed its Answer
on December 15, 2015; Defendant ESIS did not file a motion to dismiss at the
time. After the Pro Se Settlement Assistance Program failed to settle this case, the
Court entered the Pretrial Order on May 10, 2016. Plaintiff then served Defendant
ESIS with discovery requests on July 5, 2016.
Approximately three months after the Court entered the Pretrial Order and a
month after Plaintiff served her discovery requests, Defendant ESIS moved to
dismiss the claims asserted against it. Defendant ESIS now moves to stay the
deadline for responding to Plaintiff’s discovery requests until the Court rules on
the pending Motion to Dismiss. Plaintiff does not consent to the motion.

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Defendant ESIS had the opportunity to have the Court rule on any motion to
dismiss prior to the opening of discovery by moving to dismiss the Complaint
rather than filing its Answer. Had Defendant ESIS done so, the Court would not
have entered the Pretrial Order until the Court resolved any pending motions to
dismiss. Defendant ESIS, however, made the decision to answer the Complaint
and wait nearly a year from the date the Complaint was filed to move to dismiss
the claims asserted against it. Having made the decision to delay filing the Motion
to Dismiss until months after the entry of the Pretrial Order, Defendant ENIS will
have to respond to Plaintiff’s discovery requests in a timely manner. As a
practical matter, this Court cannot delay discovery pending a ruling on the Motion
to Dismiss at such a late date. Accordingly, the Court DENIES the motion [# 33].
Defendant ESIS shall have ten (10) days from the entry of this Order to fully
respond to Plaintiff’s discovery requests.
Signed: August 11, 2016

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