Abadi v. Mecklenburg County Health Department et al

Filing 49

ORDER granting in part and denying in part 38 Plaintiff's Motion for getting continuation/Extension for Discovery Completion. The parties shall complete these depositions by March 15, 2019. To the extent Plaintiff' s motion seeks other relief, it is DENIED WITHOUT PREJUDICE. Denying as moot 39 Plaintiff's Motion to Request Court to Order Defendant to Comply with Production of Documents ; granting 40 Defendant's Motion for Protective Order; grant ing 46 Motion for Extension of Time to File Response/Reply re 44 MOTION for Summary Judgment ( Responses due by 3/22/2019 plus an additional 3 days if served by mail). Signed by Magistrate Judge David Keesler on 2/13/19. (Pro se litigant served by US Mail.)(mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-435-FDW-DCK
NAZANIN ROSTASTAM ABADI,
Plaintiff,
v.
MECKLENBURG COUNTY,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on Plaintiff’s “Motion for getting
continuation/ Extension for Discovery Completion” (Document No. 38); Plaintiff’s “Motion to
Request Court to Order Defendant to Comply with Production Of Documents and attending the
Depositions” (Document No. 39); “Defendant’s Motion For Protective Order” (Document No. 40);
and Plaintiff’s “Motion For Getting An Extension To File Motion For Denying Of Summary
Judgment” (Document No. 46). These motions have been referred to the undersigned Magistrate
Judge pursuant to 28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully
considered the motions and the record, the undersigned will grant the motions in part, and deny
the motions in part.
As an initial matter, the undersigned notes that Plaintiff Abadi is appearing pro se, and that
not all of the pending motions have been fully briefed. The undersigned finds that an immediate
Order addressing these motions is in the best interests of efficient case management.
The crux of the pending motions relates to the parties’ failure to complete all intended
discovery, particularly depositions. It appears that the parties generally agree that they should be
allowed to conduct several depositions. See (Document No. 43, p. 4).

IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion for getting continuation/
Extension for Discovery Completion” (Document No. 38) is GRANTED in part, and DENIED
in part, as follows. The parties shall confer as soon as possible to set dates for taking the following
depositions: (1) Plaintiff Nazanin Rostastam Abadi; (2) Paula Black; (3) Leigh Ann Carpenter;
(4) Jemona Birchette; (5) Sharon Baxter; (6) Shanita Dash; (7) Janel Vaughn; and (8) Natasha
Jefferies. The parties shall complete these depositions by March 15, 2019. To the extent
Plaintiff’s motion seeks other relief, it is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff’s “Motion to Request Court to Order
Defendant to Comply with Production Of Documents and attending the Depositions” (Document
No. 39) is DENIED AS MOOT. This motion appears to be nearly identical to the previous motion
and is, therefore, denied as moot.
IT IS FURTHER ORDERED that “Defendant’s Motion For Protective Order”
(Document No. 40) is GRANTED. County Manager Dena Diorio will not be required to sit for a
deposition in this matter.
IT IS FURTHER ORDERED that Plaintiff’s “Motion For Getting An Extension To File
Motion For Denying Of Summary Judgment” (Document No. 46) is GRANTED. Plaintiff may
file a response in opposition to “Defendant’s Motion For Summary Judgment” (Document No. 44)
on or before March 22, 2019.
The Clerk of Court is directed to send a copy of this Order to pro se Plaintiff by certified
U.S. Mail, return receipt requested.
SO ORDERED.

Signed: February 13, 2019

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