Aguilera et al v. David & Anne Trufant, Inc. et al

Filing 12

ORDER that the court considers the 11 Certification of Initial Attorneys Conference and Discovery Plan as a motion requesting the Court enter a Pretrial Order and Case Management Plan, and the Court DENIES such motion and directs parties to file a Certification and Report of Fed.R.Civ.P. 26(f) Conference and Discovery Plan within the time limits as provided by LCvR 16.1(A). Signed by Magistrate Judge Dennis Howell on 9/14/2017. (ejb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 169

TIFFANY AGUILERA and DIANETT
KARDOCH,

)
)
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Plaintiffs
)
)
v
)
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DAVID & ANNE TRUFANT, INC., d/b/a
)
CAMP KAHDALEA & CHOSTAONGA,
)
DAVID TRUFANT, and ANNE TRUFANT, )
)
Defendants.
)

ORDER

This matter has come before the undersigned pursuant to a Certification and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#11). An examination of
the file in this matter shows that the parties have failed to comply with LCvR 16.1(A)
or (D).
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
discuss at such conference consent to magistrate judge jurisdiction. See
LCvR 73.1(C).

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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.
An examination of the file in this matter shows that an Amended Answer and
Counterclaim (#10) was filed by the Defendants on September 5, 2017. The
Plaintiff, Dianett Kardoch, as of yet, has not filed a reply to the counterclaim, nor
has the time for her to do so expired. It would thus appear that the filing of the
Certification is premature and for that reason, the undersigned will not enter a
scheduling order in this matter, but will direct the parties to file a Certification and
Report of their conference and discovery plan within the time limits as provided by
LCvR 16.1(A).
ORDER
IT IS, THEREFORE, ORDERED that the Court considers the Certification
and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#11) as a motion
requesting that the Court enter a Pretrial Order and Case Management Plan and the
Court DENIES such motion and directs the parties to file a Certification and Report
of Fed.R.Civ.P. 26(f) Conference and Discovery Plan within the time limits as
provided by LCvR 16.1(A).

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Signed: September 14, 2017

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