Gagnon v. McClatchy Newspapers, Inc. et al

Filing 34

ORDER and NOTICE: Docket Call set for 5/1/2018 09:01 AM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney. Parties shall submit their pretrial submissions as required by the Case Management Order by 5:00 pm on April 26, 2018. Signed by Chief Judge Frank D. Whitney on 4/24/2018. (jaw)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:17-cv-00382-FDW-DCK
SUSAN GAGNON,
Plaintiff,
vs.
McCLATCHY NEWSPAPERS, INC. and
JOHN J. JORDAN,
Defendants.

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ORDER and NOTICE

THIS MATTER is before the Court sua sponte on Plaintiff’s filing entitled “Notice of
Settlement.” (Doc. No. 33). The Notice states that “[g]iven the settlement, the parties shall not be
filing pre-trial submissions today, April 23, 2018, and the Court will not need to convene the Final
Pre-Trial Conference currently set for April 30, 2018.” (Doc. No. 33). However, a notice of
settlement does not resolve this case. Cf. Fed. R. Civ. P. 41.
The Parties have been on notice that this case was scheduled for trial to commence during
the May 7, 2018 term since the Case Management Order was entered on August 15, 2017. (Doc.
No. 9). The Court consistent with the Case Management Order noticed the pretrial conference for
April 5, 2018 and subsequently rescheduled the pretrial conference upon Plaintiff’s Motion. (Doc.
Nos. 27, 31, 33). The Court’s March 21, 2018 Order setting the pretrial conference for April 30,
2018 ordered the parties to submit all joint pretrial submissions by April 23, 2018. (Doc. No. 32).
Therefore, the Court issues this order to clarify that the parties’ Notice of Settlement does
not alter the deadlines established by this Court in the Case Management Order or otherwise. As
result, the parties remain obligated to make joint pretrial submissions, attend a pretrial conference,
and attend docket call on Tuesday, May 1, 2018, which will be followed by jury selection on May

1, 2018 or May 2, 2018. However, the Court sua sponte reschedules the deadlines to allow the
parties through 5:00 pm on April 26, 2018 to submit their pretrial submissions to the Court. The
Court will hold a pretrial conference as scheduled on April 30, 2018 at 9:00 am.
THEREFORE, IT IS ORDERED that the parties shall submit their pretrial submissions as
required by the Case Management Order by 5:00 pm on April 26, 2018 and the parties shall appear
for docket call at 9:00 AM on May 1, 2018, to be proceeded by jury selection.
TAKE NOTICE that Docket Call for this case will occur on Tuesday, May 1, 2018 at 9:00
am in Courtroom #1-1 of the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte,
N.C. 28202.1

Signed: April 24, 2018

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The Court reminds that parties that whenever a civil action scheduled for a jury trial is settled or otherwise disposed
of in advance of the actual trial, the Court may assess all jurors’ costs (including Marshal’s fees, mileage
reimbursement, and per diem fees) equally against the parties or otherwise may determine appropriate assessments,
unless the Clerk’s office is notified at least one (1) full business day prior to the date on which the action is scheduled
for trial or the parties establish good cause why the Court should not assess jury costs against them. (Doc. No. 9).

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