Foster v. CEVA Freight, LLC, LP

Filing 97

ORDER granting 86 MOTION to Strike ; granting in part and denying in part 50 MOTION for Summary Judgment. Further scheduling set forth in order regarding disclosure of summary damages, Mediation deadline extended to 7/18/2012, Jury Trial to begin on 8/20/2012 09:00 AM in Courtroom 1, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Signed by District Judge Frank D. Whitney on 2/6/2012. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:10-cv-00095-W
JAMES FOSTER,
Plaintiff,
vs.
CEVA FREIGHT, LLC, LP,
Defendant.

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ORDER

THIS MATTER is before the Court on Defendant’s Motion for Summary Judgment (Doc.
No. 50) and Defendant’s Motion to Strike (Doc. No. 86). The parties have fully briefed these
motions, and on January 31, 2012, the Court conducted a hearing whereby the parties presented oral
argument on the pending motions. For the reasons stated in open court following the hearing, the
Motion to Strike (Doc. No. 86) is GRANTED, and the Motion for Summary Judgment (Doc. No.
50) is GRANTED IN PART and DENIED IN PART.
As part of the Court’s ruling, several issues arose concerning the case management orders
previously entered in this case (Docs. Nos. 26, 64). For the reasons stated in open court, the Court
hereby AMENDS these scheduling orders as follows:
1.

Plaintiff shall disclose its summary of damages to Defendant no later than close of
business February 14, 2012, which is two weeks from the hearing;

2.

Defendant shall have until June 30, 2012, to conduct discovery on that summary and
to prepare and submit a responsive report;

3.

Plaintiff shall have until July 18, 2012, to conduct discovery on Defendant’s report;

4.

The deadline for mediation is extended to July 18, 2012;

5.

The Court declines to extend the deadline for filing dispositive motions; and

6.

Trial in this matter shall be set to begin August 20, 2012.

IT IS SO ORDERED.
Signed: February 6, 2012

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