B&W Fiber Glass, Inc. v. Kerns Trucking, Inc. et al

Filing 13

ORDER denying 12 Certification of Initial Attorneys Conference and Discovery Plan. It is further directed that the Plaintiff shall, on or before, December 8, 2016, file a report, see order for further details . Signed by Magistrate Judge Dennis Howell on 11/23/2016. (nvc)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 306

B&W FIBER GLASS, INC.,

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Plaintiff
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v
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KERNS TRUCKING, INC., ELE
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LOGISTICS, INC., EXPRESS
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BROKERAGE, INC., and PL TRUCKING, )
INC.,
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Defendants.
)

ORDER

There has been received by the Court a Certification and Report of F.R.C.P.
26(f) Conference and Discovery Plan (#12). In the Certification, the parties B&W
Fiber Glass, Inc. as Plaintiff and Kerns Trucking, Inc., ELE Logistic, Inc. and
Express Brokerage, Inc. requests that the Court issue a Pretrial Order and Case
Management Plan. The Court finds that the parties have not complied with LCvR
16.1(A) or (D) and will deny the request for issuance of the discovery plan.
LCvR 16.1(A) 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
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discuss at such conference consent to magistrate judge jurisdiction. See
LCvR 73.1(C).
LCvR 16.1(D) provides 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.
In the Complaint, the Plaintiff presents allegations against the Defendant PL
Trucking, Inc.. An examination of the file in this matter does not show that the
Defendant PL Trucking, Inc. has been served, has filed an answer, or that a default
has been taken against that Defendant. As a result, the “final answer” as described
in the above referenced Local Rules, has not been filed. For that reason, the
Certification and Report (#12) considered by the undersigned as a motion for the
entry of a Pretrial Order and Case Management Plan will be denied.
ORDER
IT IS, THEREFORE, ORDERED that the Certification and Report of
F.R.C.P. 26(f) Conference and Discovery Plan (#12) is DENIED. It is further
directed that the Plaintiff shall, on or before, December 8, 2016, file a report with
this Court describing whether or not the Plaintiff has had a summons served upon
PL Trucking, Inc.; what has happened to the summons; and if a summons and
complaint was served upon Defendant PL Trucking, Inc.; and, the time for filing

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answer has expired, why the Plaintiff has not filed a motion for entry of default or
other request for other appropriate relief.

Signed: November 23, 2016

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