Kosteba et al vs. Cracker Barrel Old Country Store, Inc.

Filing 48

ORDER re 47 Certification of Initial Attorneys Conference and Discovery Plan, ( Hearing set for 1/20/2017 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell.) Signed by Magistrate Judge Dennis Howell on 12/30/16. (ejb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 355

NICOLLETTE KOSTEBA, as mother and
next friend of COLTON KOSTEBA, a
minor; NICOLLETTE KOSTEBA,
Individually, and NOAH KOSTEBA,
Individually,
Plaintiffs
v
CRACKER BARRELL OLD COUNTRY
STORE, INC.,
Defendant.

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ORDER

THIS MATTER has come before the undersigned pursuant to a Certification
and Report of Initial Attorneys’ Conference (#47). The Court has reviewed the
Certification and the pleadings in this matter and as a result of the review, the Court
has determined that a hearing is necessary in regard to the discovery plan and in
regard to additional issues which are causing concern to the Court. The additional
issues are:
(1)

Whether or not the minor Plaintiff can proceed without the appointment

of a general guardian or a guardian ad litem as required by Rule 17 of the Federal
Rules of Civil Procedure, and particularly Rule 17(a), (b) and (c);

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(2)

To determine whether or not the parties have completed their consent

to the jurisdiction of the magistrate judge. In the Certification and Report of Initial
Attorneys’ Conference, the parties stated they consented to the magistrate judge
jurisdiction and they would subsequently file a Joint Stipulation of Consent to
Exercise of Jurisdiction by a United States Magistrate Judge, as provided by Local
Civil Rule 73.1(C). Such a consent has not yet been filed; and
(3)

To discuss the Certification and Report of Initial Attorneys’ Conference

filed in this matter.
The undersigned will schedule a hearing concerning these matters for Friday,
January 20, 2017 at 2:00 p.m. Counsel for the parties are required to appear and be
prepared to discuss the issues presented in this Order. The parties are not required
to be present.
ORDER
IT IS, THEREFORE, ORDERED that a hearing in this matter is hereby
scheduled concerning the issues set forth above for Friday, January 20, 2017 at
2:00 p.m. in courtroom #2 of the United States Courthouse in Asheville, North
Carolina.
Signed: December 30, 2016

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