McCarter et al v. Stoudenmier

Filing 52

ORDER denying as moot 35 Motion to Continue Docket Call/Trial; granting 37 Amended Motion to Continue Trial ; denying without prejudice 23 Motion in Limine; denying without prejudice 24 Motion in Limine; denying with out prejudice 25 Motion in Limine; denying without prejudice 26 Motion in Limine.IT IS FURTHER ORDERED that a trial in this matter, if necessary, will be held during the undersigned's next civil term, which begins August 20, 2018. A Final Pretrial Conference will be held on August 13, 2018 Signed by Magistrate Judge David Keesler on 4/11/18. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-707-DCK
MICHAEL MCCARTER and FRANCES
SUZETTE MCCARTER,
Plaintiffs,
v.
JAMES LOUIS STOUDENMIER,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT regarding pending motions and scheduling
concerns. 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 motions and the
record, as well as counsel’s arguments at a Final Pretrial Conference on April 10, 2018, the
undersigned will continue the trial in this matter and deny the pending motions in limine without
prejudice.
As discussed at the hearing, the parties may conduct a deposition of Dr. Charles Kano;
however, unless otherwise consented to by the parties, all other discovery in this matter is
concluded. Defendant’s counsel, in his discretion, may file a motion for reasonable fees and
expenses associated with his preparation for the Final Pretrial Conference on April 10, 2018.
Any motions filed during the remainder of this case shall indicate that counsel have
consulted with each other as required by Local Rule 7.1 (b). Moreover, the parties shall strictly
comply with all deadlines set forth in the “Pretrial Order And Case Management Plan” (Document
No. 12), the Local Rules, and as directed by the Court.

IT IS, THEREFORE, ORDERED that Plaintiffs’ “Motion In Limine As To General
Matters” (Document No. 23) is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion In Limine To Bar Lien Reduction
Argument” (Document No. 24) is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that “Defendant’s Omnibus Motion In Limine” (Document
No. 25) is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that “Defendant’s Motion In Limine To Bar Testimony
From Treating Physician Dr. Charles Christopher Kanos, M.D.” (Document No. 26) is DENIED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that “Plaintiffs’ Motion To Continue the Trial Scheduled
For April 16, 2018” (Document No. 35) is DENIED AS MOOT.
IT IS FURTHER ORDERED that “Plaintiffs’ Amended Motion To Continue the Trial
Scheduled For April 16, 2018” (Document No. 37) is GRANTED.
IT IS FURTHER ORDERED that a trial in this matter, if necessary, will be held during
the undersigned’s next civil term, which begins August 20, 2018. A Final Pretrial Conference
will be held on August 13, 2018.
SO ORDERED.
Signed: April 11, 2018