Moore v. Takeda Pharmaceuticals USA, Inc. et al

Filing 22

ORDER that the 21 Certification of Initial Attorneys Conference and Discovery Plan which the Court has considered as a motion and request that the Court enter a Pretrial Order and Case Management Plan is denied without prejudice. Signed by Magistrate Judge Dennis Howell on 3/2/2017. (kby)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:16 CV 364

FRANK A. MOORE,

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Plaintiff
v
TAKEDA PHARMACEUTICALS USA,
INC., et al.
Defendants.

ORDER

This matter is before the undersigned pursuant to a Certification of Counsel
and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#21) which the
undersigned has considered as a motion by the parties that the Court enter a Pretrial
Order and Case Management Plan in this matter. The undersigned has examined the
electronic file and has found that one Defendant, that being Takeda Pharmaceutical
Company Limited, has not been served, nor has an answer been filed by that
Defendant.
Local Rule of Civil Procedure 16.1 provides as follows: 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
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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 as follows:
LCvR 16.1(D)
(D) Joinder of the Issues. For the limited purpose of these Local |Civil
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.
At the present time, joinder of issues has not occurred because Defendant
Takeda Pharmaceutical Company Limited has not been served and has not filed an
answer in this matter. For those reasons, the undersigned will denied the request
that the Court enter a Pretrial Order and Case Management Plan in this matter.
ORDER
IT IS, THEREFORE, ORDERED that the Certification of Counsel and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#21) which the Court has
considered as a motion and request that the Court enter a Pretrial Order and Case
Management Plan is DENIED without prejudice pending the service of the
Complaint upon Defendant Takeda Pharmaceutical Company Limited and the filing
of an answer by that party.

Signed: March 2, 2017

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