Davis v. Western Carolina University et al

Filing 11

ORDER that the Court, at this time, will DECLINE to enter a Pretrial Order and Case Management Plan as requested by the parties in 9 Certification of Initial Attorneys Conference and Discovery Plan. Signed by Magistrate Judge Dennis Howell on 5/7/14. (ejb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14 CV 006

JAMES D. DAVIS,

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Plaintiff,
v
WESTERN CAROLINA UNIVERSITY,
THE UNIVERSITY OF NORTH
CAROLINA,
Defendants.

ORDER

THIS MATTER is before the undersigned pursuant to a Certification and
Report of F.R.C.P. 26(f) Conference and Discovery Plan (#9) which was filed on
April 28, 2014.

On May 5, 2014 the Plaintiff filed an amended complaint

apparently pursuant to the provision of Rule 15(a)(1)(B) of the Federal Rules of
Civil Procedure. As a result of the filing of the amended complaint, there has not
been joinder of issues in this case as provided by the Local Rules of Civil
Procedure. LCvR 16.1(D) defines Joinder of Issues as follows:
(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 crossclaim or the final reply to
counterclaim has been filed, or the time for doing so has expired.
Rule 12 motions contained in an Answer, but not supported by a brief,
act as placeholders and do not prevent joinder of the issues. Where
Rule 12 motions are filed and briefed, issues will not join until such
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motions are resolved by the court, unless otherwise ordered by the
Court.
As a result of the foregoing, the undersigned respectfully declines to enter a
Pretrial Order and Case Management Plan at this time. When the issues in this
case have joined, then the parties should file an amended certification of initial
attorneys conference within the time limits as set forth by LCvR 16.1.
ORDER
IT IS, THEREFORE, ORDERED that the Court, at this time, will
DECLINE to enter a Pretrial Order and Case Management Plan as requested by
the parties in the Certification and Report of F.R.C.P. 26(f) Conference and
Discovery Plan (#9).

Signed: May 7, 2014

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