David v. Alphin et al

Filing 254

ORDER, Set Deadlines as to 222 MOTION for Summary Judgment on Statute of Limitations Grounds.( Motion Hearing set for 7/20/2011 09:00 AM in Courtroom 1, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.). Signed by District Judge Max O. Cogburn, Jr on 5/25/2011. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:07cv11
ELENA M. DAVID; ARLEEN J. STACH; and
VICTOR M. HERNANDEZ,
Plaintiffs
Vs.
J. STEELE ALPHIN; AMY WOODS
BRINKLEY; EDWARD J. BROWN, III;
CHARLES J. COOLEY; RICHARD M.
DeMARTINI; BARBARA J. DESOER;
JAMES H. HANCE; LIAM E. McGEE;
EUGENE M. McQUADE; ALVARO G.
de MOLINA; MICHAEL E. O’NEILL;
OWEN G. SHELL, JR.; R. EUGENE
TAYLOR; F. WILLIAM VANDIVER, JR.;
BRADFORD H. WARNER; CHARLES W.
COKER; STEVEN JONES; KENNETH D.
LEWIS; BANK OF AMERICA
CORPORATION; BANK OF AMERICA
CORPORATION CORPORATE
BENEFITS COMMITTEE,
Defendants.
________________________________________

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ORDER

THIS MATTER is before the court on the defendants’ Motion for Summary
Judgment on Statute of Limitations Grounds (#222). The court notes that plaintiffs have
timely filed their Response within the time provided in the Order (#249) of Honorable
Dennis L. Howell, United States Magistrate Judge, and anticipates that defendants will file
their Reply within the time provided by Judge Howell’s recent Order (#253) setting June 16,

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2011, as the reply deadline. It appearing that the summary judgment motion will be ripe for
disposition by mid-June, the court will set such motion on for hearing during the next regular
civil motions day, which is July 20, 2011, and block out two hours for such hearing.
Although not prohibiting the filing of motions for continuance of such hearing, the court
notes the probability of scheduling conflicts with any date and anticipates that essential
counsel will be able to adjust their schedules based on the importance and age of this case.
The court has also considered the Order (#242) of Honorable Robert J. Conrad, Jr.,
Chief United States District Judge, which stayed setting trial until the Motion for Summary
Judgment is resolved. The court anticipates resolving the summary judgment motion at the
hearing or shortly thereafter. As this is the oldest case on the undersigned’s docket, the
parties should be prepared to discuss at the end of the hearing setting this matter on for trial
in the event the action survives summary judgment. As reflected on the court’s website, the
court has civil terms in even number months, which begin on the first Monday.
Finally, the court notes and commends the exceptional work of Judge Howell in
shepherding this complex matter for the past four years. As it appears that Judge Howell has
now presided over all matters up to the filing of a Reply and that the matter is now on track
for resolution by the undersigned by either summary judgment or trial, the court will remove
the referral as there is no need for Judge Howell to review the numerous ECF notifications
that are likely to follow.

ORDER
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IT IS, THEREFORE, ORDERED that defendants' Motion for Summary Judgment
on Statute of Limitations Grounds (#222) is CALENDARED for hearing July 20, 2011, at
a time to be set by the Clerk of this court, who is respectfully instructed to block out two
hours for such proceeding. At the conclusion of the hearing the parties shall be prepared to
discuss trial dates, any need for peremptory setting, and the length of trial. The Clerk of
Court is respectfully instructed to remove the referral to Judge Howell.

If the parties reach an amicable resolution of this matter in advance of hearing,
the court requests early notification so that other matters may be scheduled.

Signed: May 25, 2011

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