McCarter et al v. Stoudenmier

Filing 55

ORDER striking documents 53 Excerpts of Deposition Testimony and 54 Excerpts of Deposition Testimony.IT IS FURTHER ORDERED that Plaintiffs counsel shall, prior to any further filings in this matter, conduct a careful re view of the Local Rules of this Court and the Pretrial Order And Case Management Plan (Document No. 12). Additional filings or conduct that violate the Rules of this Court, the Pretrial Order, the Federal Rules of Civil Procedure, or other Orders of this Court may result in sanctions. Signed by Magistrate Judge David Keesler on 4/13/18. (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 sua sponte regarding Plaintiffs’ filing of
deposition testimony transcripts (Document Nos. 53 and 54). The parties have consented to
Magistrate Judge jurisdiction pursuant to 28 U.S.C. § 636(c), and immediate review is appropriate.
At a recent hearing on April 10, 2018, and in a recent “Order” (Document No. 52) filed
April 11, 2018, the Court reminded Plaintiffs’ counsel to abide by the “Pretrial Order And Case
Management Plan” (Document No. 12) and the Local Rules of this Court. Nevertheless, within
just a few days of that admonition, Plaintiffs’ counsel has made two filings that appear to violate
both the Local Rules and the “Pretrial Order….” See (Document Nos. 53 and 54). Specifically,
Plaintiffs have filed transcripts of deposition testimony under seal. Id.
The Court is not trying to be difficult. The undersigned notes that the “Pretrial Order …”
in this case states in most pertinent part the following:
THE MAINTENANCE OF DISCOVERY MATERIALS:
Discovery materials are NOT to be filed. The parties are responsible
for the preservation of any and all discovery materials they may
generate.

(Document No. 12, p.2) (emphasis in original). Moreover, contrary to the Local Rules, Plaintiffs’
counsel filed these discovery documents under seal without seeking leave of the Court. See Local
Rule 6.1
IT IS, THEREFORE, ORDERED that the Clerk of Court shall STRIKE Document Nos.
53 and 54.
IT IS FURTHER ORDERED that Plaintiffs’ counsel shall, prior to any further filings in
this matter, conduct a careful review of the Local Rules of this Court and the “Pretrial Order And
Case Management Plan” (Document No. 12). Additional filings or conduct that violate the Rules
of this Court, the “Pretrial Order…,” the Federal Rules of Civil Procedure, or other Orders of this
Court may result in sanctions.
SO ORDERED.

Signed: April 13, 2018