Smith v. Charter Communications

Filing 57

ORDER granting 52 Motion for Scheduling Order; denying without prejudice 53 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 10/28/19. (Pro se litigant served by US Mail.)(tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-00080-MOC-DSC
HARVEY SMITH,
Plaintiff,
v.
CHARTER COMMUNICATIONS,
Defendant.

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ORDER

THIS MATTER is before the Court on “Defendant’s Motion for Initial Pretrial
Conference and/or Scheduling Order” (document # 52) filed October 22, 2019 and “Plaintiff’s
Motion to Compel Production of Documents…” (document #53) filed October 24, 2019. For the
reasons set forth in Defendant’s Motion, the Court will grant Defendant’s Motion and enter a
Scheduling Order. Pursuant to Local Civil Rule 26.1, official Court-enforceable discovery does
not commence until issuance of the Scheduling Order. Therefore, Plaintiff’s Motion to Compel is
premature and is denied without prejudice.
The Clerk is directed to send copies of this Order to counsel for the parties, including but
not limited to moving counsel, and to the Honorable Max O. Cogburn, Jr.
SO ORDERED.

Signed: October 28, 2019