Watterson et al v. Burgess et al
Filing
52
ORDER re 51 Certification. Defendants' request to bring their respective Rule 12 Motions within 90 days of the entry of a case management order is DENIED; Clerk shall send the pro se Plaintiffs a Notice of Availability of the Settlement Assistance Program. Signed by Chief Judge Frank D. Whitney on 8/21/2014. (Pro se litigant served by US Mail.) (tmg)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13-cv-00159-FDW-DCK
JEFFREY RANDOLPH WATTERSON and )
RANDOLPH ALEXANDER WATTERSON,
)
)
Plaintiff,
)
)
vs.
)
)
WOODY BURGESS, JASON GREEN, )
FRANKIE DELLINGER, JENNIFER HOYLE, )
DAVID HODKINS, BOB AUSTELL, MIKE )
ALLRED, DAVID HODKINS, and the CITY )
OF CHERRYVILLE,
)
)
Defendants.
)
)
ORDER
THIS MATTER is before the Court sua sponte following receipt of Defendants’ Rule
26(f) report (Doc. No., 51). In that submission, Defendants request to “bring their respective
Rule 12 Motions within 90 days from entry of” a case management order. The Court DENIES
that request.
Any arguments for Rule 12 motions can be raised in the parties’ summary
judgment briefs.
Moreover, the Court recently became aware of the fact that no notice has been issued to
the Plaintiffs, who appear pro se, regarding the Pro Se Settlement Assistance Program for the
Western District of North Carolina. This program provides civil pro se litigants with limited
advice and representation at mediated settlement conferences. More information regarding the
program can be found on the Court’s website http://www.ncwd.uscourts.gov/pro-se-settlementassistance-program.
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The Court finds that the parties in this case should be given the opportunity to participate
in the program. Accordingly, the Clerk of Court shall send the pro se Plaintiffs a Notice of
Availability of the Settlement Assistance Program; and Plaintiffs shall have fourteen (14) days to
return the completed Notice form to the Clerk of Court in Charlotte.
IT IS THEREFORE ORDERED that:
(1)
Defendants’ request to “bring their respective Rule 12 Motions within 90 days of
the entry of” a case management order is DENIED;
(2)
The Clerk of Court shall send the pro se Plaintiffs a Notice of Availability of the
Settlement Assistance Program;
(3)
Plaintiffs shall have fourteen (14) days to return the completed Notice form to the
Clerk of Court in Charlotte; and
(4)
If the pro se Plaintiffs either affirmatively opt out of the Program or do not
respond to the Opt In Notice within the Opt in Period, the Court will promptly
enter a Case Management Order based on Defendants’ Rule 26(f) report. If
Plaintiffs opt in to the Program and the case is unresolved during the settlement
conference, the Court will issue a Case Management Order after receiving the
Mediator’s report.
IT IS SO ORDERED.
Signed: August 21, 2014
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