Meineke Car Care Centers, Inc. v. Bica et al

Filing 31

ORDER denying 30 Motion to Stay Initial Attorney Conference. It is further Ordered that the parties file a Certification of Initial AttorneysConference, or a Stipulation of Dismissal, on or before October 18, 2012. Signed by Magistrate Judge David Keesler on 10/15/2012. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11-CV-369-FDW-DCK
MEINEKE CAR CARE CENTERS, INC.,
Plaintiff,
v.
VINCENT BICA and DINA BICA,
Defendants.
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ORDER

THIS MATTER IS BEFORE THE COURT on the parties’ “Joint Motion To Stay Initial
Attorney Conference” (Document No. 30) filed October 12, 2012. 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 record, the undersigned will deny the
motion.
The undersigned notes that on October 5, 2012, Judge Whitney issued an “Order To Show
Cause” (Document No. 29) which explicitly directed: (1) that Defendants show cause why they
should not be found in contempt on or before October 19, 2012; and (2) that the parties file a
Certification of Initial Attorney’s Conference (“CIAC”) on or before October 12, 2012. Judge
Whitney specifically set the CIAC deadline “due to the parties’ non-compliance, and in order to
move this case forward.” (Document No. 29). Instead of filing their CIAC, the parties filed the
instant motion on the day the CIAC was due to be filed.
IT IS, THEREFORE, ORDERED that the parties’ “Joint Motion To Stay Initial Attorney
Conference” (Document No. 30) is DENIED.
IT IS FURTHER ORDERED that the parties file a Certification of Initial Attorney’s
Conference, or a Stipulation of Dismissal, on or before October 18, 2012. The Court will decline

for now to issue any sanctions based on the parties’ delay(s) and non-compliance, but will keep such
option under consideration.
SO ORDERED.
Signed: October 15, 2012

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