Shope v. Frontier Communications Corporation et al

Filing 30

ORDER re 28 Certification of Initial Attorneys Conference and Discovery Plan. Signed by Magistrate Judge Dennis Howell on 03/03/2015. (klb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14 CV 29

GEORGE W. SHOPE,

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Plaintiff
v
FRONTIER COMMUNICATIONS
CORPORATION, et al.,
Defendants.

ORDER

THIS MATTER has come before the undersigned pursuant to a
Certification F.R.C.P. 26(f) Conference (#28) which has been filed by the Plaintff
and a number of the defendants.

LCvR 16.1(A) provides as follows:

LCvR 16.1 PRETRIAL CONFERENCES
(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).
Subsection (D) states:
(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.
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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
motions are resolved by the court, unless otherwise ordered by Court.
An examination of the file in this matter shows that a motion has been filed
by Hewitt Associates, LLC to set aside an entry of default entered on January 29,
2015 against Hewitt Management Company, LLC who is a party in this matter. A
ruling has not been made on the motion to set aside the entry of default and thus
joinder of the issues has not occurred in this case at the present time. For that
reason the undersigned will deny the request to enter a scheduling order in this
matter. After the motion to set aside the entry of default has been addressed the
parties are to submit a new Certification within 10 days of the filing of the Order.
ORDER
IT IS, THEREFORE, ORDERED that the request by the Plaintiff and
some of the Defendants to enter a Pretrial Order and Case Management Plan (#28)
is DENIED as a result of issues not having been joined in this matter.

Signed: March 3, 2015

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