Smith v. Charter Communications

Filing 65

ORDER denying 61 Pro Se Motion to Compel. Signed by Magistrate Judge David S. Cayer on 2/20/2020. (Pro se litigant served by US Mail.)(mek)

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 “Plaintiff’s Motion to Compel… ” (document #61)
filed January 28, 2020. Pursuant to the Pretrial Order and Case Management Plan, the discovery
deadline in this case was January 31, 2020. Document #55 at 3. That Order also directed the
parties “to initiate discovery requests and notice or subpoena depositions sufficiently in advance
of the discovery completion deadline so as to comply with this Order.” Id.
Plaintiff did not serve his discovery requests until January 11, 2020 – less than thirty days
before the discovery deadline. Although the requests are untimely, Defendant states in its
responsive brief that it will serve responses. Document #62 at 2 and 7.
Accordingly, Plaintiff’s Motion to Compel (document #61) is denied as moot.
The Clerk is directed to send copies of this Order to the pro se Plaintiff, to defense counsel,
and to the Honorable Max O. Cogburn, Jr.
SO ORDERED.
Signed: February 20, 2020