Tuszkiewicz v. Tuszkiewicz et al

Filing 15

ORDER granting in part and denying in part 10 Motion for Extension of Time of Scheduling Order Deadlines. ( Discovery due by 1/26/2014., Motions due by 2/1/2014., Mediation deadline set for 2/28/2014.); denying as moot 12 Motion for Summary Judgment. Signed by Magistrate Judge David S. Cayer on 1/3/2014. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
No. 3:13-cv-266-FDW-DSC

RICHARD TUSZKIEWICZ,
Plaintiff,
v.
SCOTT TUSZKIEWICZ and
CYNTHIA TUSZKIEWICZ,
Defendants.

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ORDER

THIS MATTER is before the Court on “Plaintiff’s Motion to Extend Time to Complete
Discovery and ADR” (document #10), and the parties’ briefs and exhibits. See documents ##11
and 14.
The Case Management and Pretrial Order entered in this case requires discovery to be
completed by November 29, 2013. That Order further states that “[a]ll discovery shall be
commenced or served in time to be completed by November 29, 2013 … discovery requests that
seek responses or schedule depositions after the discovery completion deadline are not
enforceable except by Order of the Court for good cause shown.” Document #9 at 2. Counsel
represents that he misunderstood the clear language of the Order.
Having conferred with the chambers of the Honorable Frank D. Whitney, and in the
Court’s discretion, the Motion is GRANTED IN PART as follows:
1.

As to the discovery requests served by Plaintiff on November 26, 2013, the

discovery deadline is extended to January 26, 2014. No other discovery requests shall be made
by either party except by further order of the Court.

2.

The time for the parties to complete mediation is extended to February 28, 2014.

3.

The Parties are directed to select a mediator on or before January 26, 2014.

4.

The dispositive motions deadline is extended to February 1, 2014. Defendants’

Motion for Summary Judgment (document #12) is administratively DENIED AS MOOT
WITHOUT PREJUDICE to Defendants’ right to file another dispositive motion on or before
February 1, 2014.
SO ORDERED.

603519 v.1

Signed: January 3, 2014