Pierce v. American Strategic Insurance Corp.

Filing 20

ORDER denying 18 Joint Motion for Appraisal "umpire"; denying without prejudice 19 Motion for Summary Judgment; Terminating stay imposed; modifying Case Management plan as follows: Discovery deadline extended to 10/24/16 and Dispositive Motion deadline extended to 11/9/16. Signed by Chief Judge Frank D. Whitney on 8/9/16. (clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
NO. 3:16-cv-00085-FDW-DCK
RONALD PIERCE,

)
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Plaintiff,
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vs.
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AMERICAN STRATEGIC INSURANCE )
CORP.,
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Defendant.
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)

ORDER

THIS MATTER is before the Court upon the filing of the parties’ Joint Status Report
Regarding Court Ordered Appraisal (Doc. No. 18) and Defendant’s Motion for Summary
Judgment (Doc. No. 19). On August 9, 2016, the Court conducted a telephonic conference on
these issues. For the reasons explained during the telephonic conference, the Court hereby
Orders that:
1. The Joint Motion to Appoint an appraisal “umpire” is DENIED.
2. The Stay imposed by the Court’s prior Order (Doc. No. 17) is TERMINATED. This
case shall proceed according to the previously entered Case Management Order (Doc.
No. 8) with the following timeline modifications:
a. The deadline for Discovery Completion shall be extended until Monday,
October 24, 2016.
b. The deadline for filing Dispositive Motions shall be extended until Wednesday,
November 9, 2016.
c. All other remaining timelines remained unaffected from that set forth in the
Case Management Order.

3. Defendant’s Motion for Summary Judgment (Doc. No. 19) is DENIED without
prejudice. Defendant shall retain the ability to incorporate the pending arguments into
its Motion for Summary Judgment filed after the close of discovery if they so choose. In
the event Defendant elects to re-raise the pending arguments in a later Motion for
Summary Judgment, that future Motion must comply, in its entirety, with the Court’s
existing word count limit.
IT IS SO ORDERED.
Signed: August 9, 2016