Hardin v. Kateh et al

Filing 32

ORDER vacating the court's 1/26/11 order staying deadlines and LIFTING the STAY, ( Discovery due by 4/7/2011., Motions due by 5/5/2011., Mediation deadline set for 4/21/2011., Jury Trial set for 7/11/2011 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 3/10/11. (Pro se litigant served by US Mail.)(bsw)

Hardin v. Kateh et al

Doc. 32

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION DOCKET NO. 3:10-cv-260-FDW-DSC SHIRLEY R. HARDIN, Plaintiff, vs. FRANCIS KATEH, and ANSON COUNTY HEALTH DEPARTMENT Defendants. ) ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER is before the Court sua sponte regarding the status of this case. On December 15, 2010, after discovery had commenced in this action, Defendants filed a Motion to Dismiss pursuant to Rule 12(b)(1) for lack of subject matter jurisdiction. (Doc. No. 14). Upon Defendants' motion, and consistent with this Court's practice of tolling the period in which to hold a Rule 26(f) initial attorney's conference when a jurisdictional challenge has been filed (3:07-mc-47, Doc. No. 2-4 § 3(c)(i)), the Court stayed all deadlines in this matter pending disposition of Defendants' motion. (Doc. No. 20). Upon reviewing Defendants' motion and all documents filed in support and opposition thereto, the Court converted Plaintiff's sur-response in opposition to Defendant's motion into an amended complaint. (Doc. No. 27). Accordingly, Defendants' motion was denied as moot. (Doc. No. 30). IT IS THEREFORE ORDERED: 1. The Court's order of January 26, 2011, staying the deadlines in this case (Doc. No. 20) is hereby VACATED. The stay is accordingly lifted. 2. Because a number of important deadlines contained in the Court's Case Management Order (Doc. No. 10) have already passed during the pendency of the stay, the following revised

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deadlines will apply prospectively1: a. b. c. d. e. f. g. Supplemental Discovery Completion: ADR Deadline: Dispositive Motions (filed): Dispositive Motions (hearing): Pretrial Submissions: Final Pretrial Conference (FPC): Trial Setting: April 7, 2011 April 21, 2011 May 5, 2011 Week of June 6-10, 2011 7 calendar days before FPC Week of June 20-24, 2011 Term beginning July 11, 2011

IT IS SO ORDERED. Signed: March 10, 2011

Due to this Court's schedule as reserve-duty Military Judge, there is a likely possibility that during a period of active-duty deployment this matter will be reassigned to another judge in this District. In that event, all deadlines will be subject to that judge's docket.

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