Bazen v. Salem et al

Filing 25

ORDER GRANTING with modification 24 Consent MOTION to Continue Docket Call/Trial , Discovery due by 1/15/2016, Motions due by 1/29/2016, Jury Trial re-set for 6/6/2016, 09:30 AM in Courtroom, 401 W Trade St, Charlo tte, NC 28202 before Magistrate Judge David Keesler) FURTHER ORDERED that the Final Pretrial Conference scheduled for October 19, 2015, and the Trial scheduled for October 26, 2015, are CANCELLED. Signed by Magistrate Judge David Keesler on 10/02/2015. (jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:14-CV-289-DCK
TAMARA ELAINE BAZEN,
As Administrator of the Estate of
Cathy Erlene Bazen,
Plaintiff,
v.
JONATHAN THADDEUS SALEM,
and U.S.A. LOGISTICS, INC.,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on the parties’ “Consent Motion For New
Trial Date” (Document No. 24). The parties have consented to Magistrate Judge jurisdiction
pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate. Having carefully considered
the motion and the record, the undersigned will grant the motion, with modification.
The pending motion requests a new trial date of February 22, 2016; however, the parties
also jointly propose a new dispositive motions deadline of January 29, 2016. See (Document Nos.
23, 24, and 24-1). If dispositive motions were filed on January 29, 2016, it is very unlikely they
would be fully briefed by February 22, 2016. See Local Rule 7.1 (E). Moreover, the Court would
need additional time to carefully consider any dispositive motion(s), including whether a hearing
would be helpful.
The Court will set a new trial date, but unfortunately the parties’ proposed plan is
unrealistic. If the parties can significantly expedite their discovery and dispositive motions, the

Court might consider a renewed motion for a trial date during the civil term beginning on February
29, 2016.
CONCLUSION
IT IS, THEREFORE, ORDERED that the parties’ “Consent Motion For New Trial
Date” (Document No. 24) is GRANTED, with modification. The deadlines in this case are
revised as follows: Plaintiff identify expert witnesses related to new claims – October 9, 2015;
Plaintiff submit all expert reports – November 6, 2015; Defendants identify expert witnesses
related to new claims – December 15, 2015; Defendants submit all expert reports – December
28, 2015; Discovery completion – January 15, 2016; Dispositive Motions – January 29, 2016;
Trial – June 6, 2016.
IT IS FURTHER ORDERED that the Final Pretrial Conference scheduled for October
19, 2015, and the Trial scheduled for October 26, 2015, are CANCELLED.
SO ORDERED.

Signed: October 2, 2015

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