The Continental Insurance Company v. J.E. Herndon Company

Filing 27

ORDER granting 20 Motion for Protective Order and/or to Modify the Case Management Plan; denying as moot 23 Motion for Protective Order; denying as moot 23 Motion to Quash. The deposition of Plaintiff's expert shall be scheduled for a date after 11/1/10. Signed by Magistrate Judge David Keesler on 10/15/10. (gpb)

The Continental Insurance Company v. J.E. Herndon Company

Doc. 27

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:10-CV-069-DCK THE CONTINENTAL INSURANCE COMPANY, ) ) ) Plaintiff, ) ) v. ) ) J.E. HERNDON COMPANY, ) ) Defendant. ) ________________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on "Plaintiff's Motion for Protective Order and/or to Modify the Case Management Plan" (Document No. 20) filed October 5, 2010, and Plaintiff's "Motion for Protective Order and/or to Quash Subpoena to Plaintiff's Expert Steven Morris" (Document No. 23) filed October 13, 2010. The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review of these motions is appropriate. Having carefully considered the motions, the record, applicable authority, and the parties' arguments in a telephone hearing on October 13, 2010, the undersigned will grant the first motion and deny the second motion as moot. Under the circumstances of this case, including the fact that the time for Defendant to provide its expert report has twice been extended, the undersigned finds that the Case Management Plan should be amended such that the deposition of Plaintiff's expert, Steven Morris, shall not occur until after November 1, 2010, the date Defendant's expert report is due. See (Document Nos. 17, 19). IT IS, THEREFORE, ORDERED that the "Plaintiff's Motion . . . to Modify the Case Management Plan" (Document No. 20) is GRANTED. The deposition of Plaintiff's expert shall

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be scheduled for a date after November 1, 2010. IT IS FURTHER ORDERED that Plaintiff's "Motion for Protective Order and/or to Quash Subpoena to Plaintiff's Expert Steven Morris" (Document No. 23) is DENIED AS MOOT.

Signed: October 15, 2010

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