Jones v. Dole Food Company, Inc et al

Filing 52

ORDER denying 40 Motion to Deem Admitted Plaintiff's First Set of Admissions; denying 41 Motion to Modify Case Management Order; denying 41 Motion to Compel Discovery. Signed by Magistrate Judge David S. Cayer on 5/10/2011. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL NO. 3:10CV292-MOC-DSC
ARLESTER EL JONES,

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Plaintiff,
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vs.
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DOLE FOOD COMPANY, INC., et. al., )
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Defendants.
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____________________________________)

ORDER

THIS MATTER is before the Court on pro se Plaintiff’s “Motion to Deem Admitted
Plaintiff’s First Set of Admissions ...” (document #40) and “Motion to Modify Case Management
Order and Motion to Compel Discovery” (document #41) and the parties’ associated briefs and
exhibits. See documents ## 49-51.
In their briefs, Defendants demonstrate that their responses to Plaintiff’s Requests for
Admissions were timely served upon Plaintiff. Accordingly, Plaintiff’s “Motion to Deem Admitted
Plaintiff’s First Set of Admissions ...” (document #40) is denied.
In his “Motion to Modify Case Management Order and Motion to Compel Discovery”
(document #41), Plaintiff seeks leave of Court to propound 440 interrogatories (including sub-parts)
to Defendants. The Pretrial Order and Case Management Plan (“PTO”) limits each party to
propounding “no more than 20 interrogatories, including sub-parts.” Document #15. Plaintiff has
made no showing to support such a drastic expansion of the discovery limits in this matter.
Accordingly, for this and the other reasons stated in Defendants’ briefs, Plaintiff’s Motion is denied.

NOW THEREFORE, IT IS ORDERED:
1. Plaintiff’s “Motion to Deem Admitted Plaintiff’s First Set of Admissions ...” (document
#40) and “Motion to Modify Case Management Order and Motion to Compel Discovery” (document
#41) are DENIED.
2. The Clerk is directed to send copies of this Order to the pro se Plaintiff; to defense
counsel; and to the Honorable Max O. Cogburn, Jr.
SO ORDERED.
Signed: May 10, 2011

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