Watterson et al v. Burgess et al

Filing 62

ORDER denying 59 Motion to Compel production of documents; denying 61 Motion to Compel discovery, IT IS FURTHER ORDERED that this matter is STAYED until otherwise ordered by the Court. Signed by Magistrate Judge David Keesler on 04/17/2015. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-159-FDW-DCK
JEFFREY RANDOLPH WATTERSON and
RANDOLPH ALEXANDER WATTERSON,
Plaintiffs,
v.
WOODY BURGESS, et al.,

Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiffs’ “Motion For Production Of
Documents From Government” (Document No. 59) filed February 24, 2014, and Plaintiff
Randolph A. Watterson’s “Motion To Compel Discovery” (Document No. 61) filed April 14,
2015. These motions have been referred to the undersigned Magistrate Judge pursuant to 28
U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motions,
and the record, the undersigned will deny the motions, without prejudice.
The undersigned notes that the Honorable Frank D. Whitney issued an “Order” on March
13, 2015, approving Plaintiff Jeffrey R. Watterson’s application for participation in the Court’s
Pro Se Settlement Assistance Program (“PSAP”). (Document No. 60). As such, Judge Whitney
further directed that his matter be stayed, pending participation in the PSAP. Id. The Court
expects that Plaintiff Jeffrey R. Watterson’s PSAP counsel will soon be confirmed and that this
matter will proceed directly to mediation.

In consultation with Judge Whitney’s chambers, and recognizing the pending mediation
process, the Court will deny the pending motions to compel without prejudice to being re-filed, if
appropriate, following the lifting of the Court’s stay.
IT IS, THEREFORE, ORDERED that Plaintiffs’ “Motion For Production Of Documents
From Government” (Document No. 59) and Plaintiff Randolph A. Watterson’s “Motion To
Compel Discovery” (Document No. 61) are DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that this matter is STAYED until otherwise ordered by the
Court.

Signed: April 17, 2015

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