Lee Construction Company of the Carolinas, Inc. v. Zurich American Insurance Company et al

Filing 76

ORDER to Extend Deadlines. Motions due by 2/24/2012. Mediation deadline set for 3/16/2012. Jury Trial set for 5/14/2012 09:00 AM in Courtroom 1, 401 W Trade St, Charlotte, NC 28202 before District Judge Frank D. Whitney. Signed by Magistrate Judge David Keesler on 1/11/2012. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:10-CV-539-FDW-DCK
LEE CONSTRUCTION COMPANY
OF THE CAROLINAS, INC.,

)
)
)
Plaintiff,
)
)
v.
)
)
ZURICH AMERICAN INSURANCE
)
COMPANY, ZURICH SERVICES
)
CORPORATION, and JAMES A.
)
SCOTT & SON, INC.,
)
)
Defendants.
)
___________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT sua sponte regarding scheduling concerns.
This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. §636(b),
and immediate review is appropriate. Having carefully considered the record, and the comments
of counsel during a telephone conference on January 11, 2012, and having consulted with Judge
Whitney’s chambers regarding his schedule and expectations, the undersigned will allow an
amendment to the dispositive motions deadline.
During the telephone conference, counsel for Defendant Zurich American Insurance
Company requested an extension of the dispositive motions deadline so that Defendant might have
a better opportunity to depose a critical witness, Emerson Thompson, prior to drafting a motion for
summary judgment. The parties appear to agree that Mr. Thompson is a key fact witness in this
case, and that he is suffering from disabling health problems which have made it extraordinarily
difficult to depose him.
Based on the foregoing, the undersigned will extend the deadline for dispositive motions to
be filed. Further extension of any deadline is unlikely.

IT IS, THEREFORE, ORDERED that the remaining deadlines for this case are as
follows:.
Dispositive Motions (filed):

February 24, 2012;

Report on Mediation Results

March 16, 2012;

Dispositive Motions (hearing):

Week of April 2-6, 2012;

Pretrial Submissions:

7 calendar days before FPC;

Final Pretrial Conference (FPC):

Week of April 23-27, 2012;

Trial:

Term beginning May 14, 2012.

SO ORDERED.
Signed: January 11, 2012

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