Benitez v. The Charlotte-Mecklenburg Hospital Authority

Filing 52

ORDER denying 48 Motion to Commence Early Discovery. Signed by Magistrate Judge David Keesler on 8/20/18. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:18-CV-095-RJC-DCK
RAYMOND BENITEZ, Individually and on
behalf of all others similarly situated,
Plaintiff,
vs.
THE CHARLOTTE MECKLENBURG
HOSPITAL AUTHORITY, d/b/a CAROLINAS
HEALTHCARE SYSTEM, ATRIUM HEALTH,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiff’s Motion To Commence Early
Discovery” (Document No. 48) filed June 19, 2018. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and is ripe for disposition. Having
carefully considered the motion and the record, the undersigned will deny the motion.
As counsel for both sides have noted, the parties may engage in consensual discovery at
any time; however, Court-enforceable discovery does not commence until issues have joined and
a Scheduling Order has been entered. See Local Rule 16.1(f). The undersigned has carefully
reviewed Plaintiff’s request for early discovery, and noting that “Defendant’s Motion For
Judgment On The Pleadings” is pending before Judge Conrad, will respectfully decline to
commence Court-enforceable discovery at this time.
IT IS, THEREFORE, ORDERED that “Plaintiff’s Motion To Commence Early
Discovery” (Document No. 48) is DENIED.
Signed: August 20, 2018

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