Hill v. Forward Air Solutions, Inc

Filing 39

ORDER granting 36 Motion for Reconsideration. Signed by Magistrate Judge David Keesler on 10/26/11. (Pro se litigant served by US Mail.)(gpb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:10-CV-665-RJC-DCK
CARLYLE H. HILL,

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Plaintiff,
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v.
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FORWARD AIR SOLUTIONS, INC.,
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Defendant.
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___________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion For Reconsideration
Of The Order Denying Plaintiff’s Motion For Extension Of Time To Respond To Defendant’s
Motion For Summary Judgment” (Document No. 36) filed October 25, 2011; and “Defendant’s
Response To Plaintiff’s Motion For Reconsideration Of The Court’s Denial Of Plaintiff’s Consent
Motion To Extend Time For Plaintiff To Respond To Defendant’s Motion For Summary Judgment”
(Document No. 37) filed October 26, 2011. This motion 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 motion and the overall record, the undersigned will grant the motion.
The Court will not repeat its previously stated frustration regarding the delays associated
with the mediation in this case. The parties are again admonished to follow the local rules and to
be attentive to the deadlines set forth in the Court’s orders. Having said that, counsel for the parties
– to their credit – continue to take the position that the originally requested extension is appropriate
in that it will facilitate the parties’ efforts to resolve the case. While the Court continues to have
some concerns, in light of all the circumstances presented here, the Court will reconsider its previous
position and grant the motion.

IT IS, THEREFORE, ORDERED that the “Plaintiff’s Motion For Reconsideration Of The
Order Denying Plaintiff’s Motion For Extension Of Time To Respond To Defendant’s Motion For
Summary Judgment” (Document No. 36) is hereby GRANTED.
IT IS FURTHER ORDERED that, assuming the case is not settled at mediation, the
Plaintiff shall file the required summary judgment motion response by November 21, 2011.
IT IS FURTHER ORDERED that the parties shall file a report on the results of mediation
on or before November 15, 2011.

Signed: October 26, 2011

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