Combs v. Heebner

Filing 13

ORDER denying without prejudice 12 Motion to Stay Case or, in the Alternative, to Extend Certain Deadlines. Signed by Magistrate Judge Dennis Howell on 3/3/2017. (khm)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 324

JOHN ALEXANDER COMBS,

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Plaintiff
v
RICHARD M. HEEBNER,
Defendant

ORDER

THIS MATTER has come before the undersigned pursuant to a “Consent
Motion to Stay Case or, in the Alternative, to Extend Certain Deadlines” (#12). In
the motion, the parties request that all proceedings in this case be stayed indefinitely
while mediation is attempted. The Court is not provided with any date when
mediation has been scheduled and as a result the undersigned cannot determine what
deadlines the parties wish to be extended other than an indefinite extension of all
deadlines.
On November 3, 2016, the undersigned entered a Pretrial Order and Case
Management Plan in this matter which set forth various deadlines, including a trial
by jury that is to begin on January 8, 2018. Pursuant to a Motion (#9) filed by the
parties, the undersigned then amended the Pretrial Order (#11) and extended several
of the deadlines. The undersigned cannot grant an indefinite extension of all
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deadlines to an uncertain and unknown date.
Out of an abundance of caution, the undersigned has consulted with the
District Court concerning the parties’ motion. As a result of such consultation and
as a result of the foregoing, the undersigned will deny parties’ Consent Motion(#12)
without prejudice. The parties are invited to renew the motion, but they must show
extreme and compelling reasons why such relief should be granted in this case. If
such motion is filed, then the parties should be advised that a hearing at which
counsel and the parties will be required to attend will be scheduled.
ORDER
IT IS, THEREFORE, ORDERED that the Consent Motion to Stay Case or,
in the Alternative, to Extend Certain Deadlines (#12) is DENIED without prejudice.

Signed: March 3, 2017

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