Kenyon et al v. Branch et al

Filing 44

ORDER granting in part 43 Motion to Excuse Defendants from Attendance at Mediation Conference. The individual Defendants shall participate in the settlement conference, but are permitted to do so by telephone until the conclusion of the conference or otherwise until released by the mediator. Signed by Magistrate Judge W. Carleton Metcalf on 7/29/2019. (ni)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 CV 351
CHERYL CELESTE KENYON,
f/k/a CHERYL PORTER; and
TAMMY MCABEE,

)
)
)
)
Plaintiffs,
)
v.
)
JIMMY LEE BRANCH, in his individual )
capacity as employee of the North
)
Carolina Department of Public Safety;
)
FNU JACKSON, in her individual
)
capacity as Superintendent / Warden
)
of Swannanoa Correctional Center for
)
Women; and TABITHA BATES, in her
)
individual capacity as employee of the
)
North Carolina Department of Public
)
Safety;
)
)
Defendants.
)
_____________________________________ )

ORDER

This matter is before the Court on Defendants’ “Motion to Excuse
Defendants from Attendance at Private Mediation Conference” (Doc. 43).
Having considered the Motion, the Court does not find that Defendants
should be excused from participating entirely in the mediated settlement
conference scheduled for August 1, 2019. Defendants, however, will be allowed
to participate by telephone.
Accordingly,

Defendants’

“Motion

to

Excuse

Defendants

from

Attendance at Private Mediation Conference” (Doc. 43) is GRANTED IN

PART. The individual Defendants shall participate in the settlement
conference but are permitted to do so by telephone until the conclusion of the
conference or otherwise until released by the mediator.

Signed: July 29, 2019