Lowery v. USA

Filing 13

ORDER sua sponte that the parties shall file a report with the Court identifying their chosen mediator on or before June 13, 2017. IT IS FURTHER ORDERED that the deadline for filing a Mediation Report on the results of mediation is August 18, 2017. Signed by Magistrate Judge David Keesler on 6/1/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-701-RJC-DCK
MARSHALL O. LOWERY,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT sua sponte regarding scheduling concerns.
The parties have consented to Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and
immediate review is appropriate.
Having reviewed the record in this case and the “Pretrial Order And Case Management
Plan” (Document No. 10), the undersigned observes that the parties have failed to file a report
identifying their chosen mediator. See (Document No. 10, p.5). Defendant did file a “…Report
Regarding The Selection Of A Mediator” (Document No. 12) on March 9, 2017, stating that “[t]he
United States objects to mediation prior to the completion of discovery,” and that the “issues are
not ripe for mediation, and thus, mediation would be costly and unproductive at this time.”
(Document No. 12, p.1).
It appears that Defendant is confused by the requirements of the “…Case Management
Order.” The parties were not required to file a Mediation Report by March 9, 2017; rather, they
were required to “select and agree upon a mediator and shall file with the Court a report stating
the identity of the mediator selected, or a report stating that they have been unable to agree upon a
mediator and the reasons for such inability.” (Document No. 10, p.5) (emphasis added); see also

(Document No. 10, p.1). The current deadline to file a report on the results of mediation is August
4, 2017, the same date as the discovery completion deadline. Id.
The undersigned further notes that the Rules of this Court require that “[a]ll parties to civil
actions are required to attend a Mediated Settlement Conference unless otherwise ordered by the
Court.” Local Rule 16.2 (A).
IT IS, THEREFORE, ORDERED that the parties shall file a report with the Court
identifying their chosen mediator on or before June 13, 2017.
IT IS FURTHER ORDERED that the deadline for filing a Mediation Report on the
results of mediation is August 18, 2017.
SO ORDERED.

Signed: June 1, 2017

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