United States of America v. $40,173.25 in United States Currency et al

Filing 15

ORDER denying 11 Motion for Discovery. Signed by Magistrate Judge Dennis Howell on 09/23/13. (emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:13 cv 26
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
v.
)
)
$40,173.25 in UNITED STATES
)
CURRENCY
)
)
and
)
)
$40, 000.00 in UNITED STATES
)
CURRENCY,
)
)
Defendants.
)
___________________________________ )

ORDER

THIS MATTER has come before the undersigned pursuant to a Motion for
Case Management and Discovery Plan (#11) filed by the Government. An
examination of the file in this matter shows that the parties have not complied with
LCvR 16.1 regarding Pretrial Conferences. That Rule provide 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 (B) 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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(B) Deadline for Filing the Certification of Initial Attorney’s
Conference. Within five (5) days of the IAC, the parties shall
complete and file the Certification of Initial Attorney’s Conference
(“CIAC”), which shall include a proposed discovery plan. The CIAC
shall serve as a guideline for the Court in issuing a Scheduling Order
as provided by Fed. R. Civ. P. 16(b). If the parties choose to stipulate
out of, or object to, the mandatory initial disclosure procedure
required by Fed. R. Civ. P. 26(a)(1), they must so indicate in the
discovery plan.
At the time of the filing of the motion, the parties had not submitted a
Certification of Initial Attorney’s Conference. After consultation with the Court
on September 18, 2013, the parties did submit the Certification and Report as
required by the Local Rules and the Court has entered a scheduling order in
compliance with the Certification and Report. As a result, the Motion for Case
Management and Discovery Plan (#11) has been rendered moot and will be denied.
ORDERED
IT IS, THEREFORE, ORDERED that the Motion for Case Management
and Discovery Plan (#11) has been rendered moot and is DENIED
Signed: September 23, 2013

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