Eller v. Kaufman et al

Filing 80

ORDER scheduling a Status Conference for 12/16/2013 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. Signed by Magistrate Judge Dennis Howell on 12/02/13. (emw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:11 CV 31

CHRISTOPHER D. ELLER,

)
)
Plaintiff
)
)
v
)
)
GARY KAUFMAN, In his official and
)
individual capacities, KEITH LOVIN, In
)
his official and individual capacities, KEITH )
WATKINS, In his official and individual
)
capacities, JOE WOOD, In his official and )
individual capacities, JONATHAN CHURCH,)
In his official and individual capacities,
)
NORTH CAROLINA DEPARTMENT OF )
CORRECTIONS, JOHN DOE#1, In his
)
official and individual capacities, JOHN
)
DOE #2, In his official and individual
)
capacities, JOHN DOE #3, In his official
)
and individual capacities, AND OTHER
)
UNKNOWN DEFENDANTS,
)
)
Defendants
)

ORDER

THIS MATTER has come before the undersigned pursuant to a review of
the file in this matter. A Report (#75) was filed by C. Frank Goldsmith, the
mediator in this case on May 8, 2013, reporting that this matter had been
completely settled.

Thereafter, various dismissals were filed (#76) (#77) and

(#79), but it appears there has not been dismissed claims delineated as Count four
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against Defendants John Doe #1 and #2; Count six as to John Doe #3, and Count
seven as to the Cherokee County Sheriff’s Department which was not listed by the
Plaintiff as a defendant in the caption of the case and which this Court questions
could be listed as a defendant in Count seven. In any event, these issues need to be
resolved so this matter can be removed from the court calendar or set for trial at the
February 10, 2014 session of court. To make a determination as to whether or not
there are any pending claims in this matter, the Court will schedule a status
conference. At that time, counsel for Plaintiff and counsel for all Defendants will
be directed to appear to discuss with the Court what claims are still pending.
Should a Stipulation of Dismissal of all claims against all Defendants be filed
before that time, then counsel for Plaintiff and counsel for all Defendants will not
have to appear and this matter will be removed from the active docket.
ORDER
IT IS, THEREFORE, ORDERED that a status conference in regard to the
above entitled matter is hereby scheduled for December 16, 2013 at 2:00 o’clock
p.m. in courtroom #2 of the United States Courthouse in Asheville, North
Carolina. Counsel for Plaintiff and counsel for all Defendants are ordered to
appear at this hearing and discuss with the Court whether or not there are any
pending claims remaining to be resolved against any Defendants.

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Signed: December 2, 2013

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