Baclawski v. Mountain Real Estate Capital LLC et al
Filing
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ORDER granting in part and denying in part 39 Motion to Compel; granting in part and denying in part 49 Motion to Compel. IT IS FURTHER ORDERED that the following deadlines are set for the remainder of this case: discovery completion - March 31, 2017; dispositive motions - April 21, 2017; and trial term - August 7-18, 2017. Signed by Magistrate Judge David Keesler on 1/18/17. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-417-DCK
ANNE BACLAWSKI,
Plaintiff,
v.
MOUNTAIN REAL ESTATE CAPITAL
LLC; MOUNTAIN ASSET MANAGEMENT
GROUP LLC; and PETER FIORETTI,
Defendants.
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ORDER
THIS MATTER IS BEFORE THE COURT regarding “Plaintiff Anne Baclawski’s Refiled Motion To Compel” (Document No. 39) and “Peter Fioretti’s Motion To Compel”
(Document No. 49). The parties have consented to Magistrate Judge jurisdiction pursuant to 28
U.S.C. § 636(c), and immediate review is appropriate. The undersigned has reviewed the record
of the case, studied the briefs on the pending motions, and held a telephone conference regarding
the motions and the status of the case on January 18, 2017.
As an initial matter, it appears that the parties were able to resolve several issues in dispute
prior to the telephone conference. The Court commends counsel for both sides for their efforts to
narrow the issues.
It is the Court’s understanding that Defendants have agreed to produce all documents
responsive to Plaintiff’s discovery requests on a rolling basis, to be completed by January 31, 2017.
Moreover, Plaintiff has agreed to provide medical records requested by Defendants as soon as
possible. In addition, the parties report that they are attempting to schedule remaining depositions
for dates on or about February 21-23, 2017, and will confirm such dates with the undersigned’s
staff by January 20, 2017.
To the extent Defendant Peter Fioretti seeks access to Plaintiff’s phone to inspect, copy,
test, sample and/or search her electronic mail messages, text messages, and GPS data, that
request/motion is denied. The parties’ requests for fees and expenses related to their motions are
also denied.
Finally, the undersigned will re-set the remaining deadlines in this case.
It is the
undersigned’s view that this matter is positioned to be resolved by settlement, dispositive motion,
or trial with minimal delay. The parties shall endeavor to efficiently move this case toward
resolution, but if necessary, may seek to extend deadlines after proper consultation.
IT IS, THEREFORE, ORDERED that “Plaintiff Anne Baclawski’s Re-filed Motion To
Compel” (Document No. 39) and “Peter Fioretti’s Motion To Compel” (Document No. 49) are
GRANTED in part, and DENIED in part, as stated herein and as discussed during the telephone
conference on January 18, 2017.
IT IS FURTHER ORDERED that the following deadlines are set for the remainder of
this case: discovery completion – March 31, 2017; dispositive motions – April 21, 2017; and
trial term – August 7-18, 2017.
SO ORDERED.
Signed: January 18, 2017
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