Acker et al v. States Mortgage Company, Inc. et al

Filing 21

ORDER denying 18 Motion for Status Conference. Case deadlines are revised as follows: discovery completion April 12, 2021; mediation report April 20, 2021; dispositive motions April 23, 2021. Counsel for the parties shall confer and then file a Joint Report on or before April 2, 2021, that identifies their mediator and the mediation date. Signed by Magistrate Judge David Keesler on 3/29/21. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:20-CV-247-FDW-DCK
NYCHARZEKE HINTON-ACKER, and
RODDRICK ACKER,
Plaintiffs,
v.
STATES MORTGAGE COMPANY, INC.,
and BRENNA OLBERDING,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiffs’ Motion For Status
Conference” (Document No. 18) filed March 26, 2021. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion and the record, and in consultation with
Judge Whitney’s chambers, the undersigned will deny the motion.
By the instant motion, Plaintiffs request “a status conference for the purpose of discussing
extending the case deadlines.” (Document No. 18, p. 1). The undersigned observes that discovery
was due to be completed by March 12, 2021; mediation was to be completed by March 26, 2021;
and dispositive motions are due by April 9, 2021. Neither party has filed a motion for extension
of time, and according to Plaintiffs, discovery is still outstanding and there has been no mediation.
(Document No. 19).
The undersigned will respectfully decline to hold a status conference at this time. Instead,
the Court will allow a brief extension of some deadlines and require counsel to immediately confer

and get this case back on track. Counsel and/or the parties’ continuing failure to abide by this
Court’s Rules and Orders may lead to sanctions against either party and/or their counsel.
IT IS, THEREFORE, ORDERED that “Plaintiffs’ Motion For Status Conference”
(Document No. 18) is DENIED.
IT IS FURTHER ORDERED that case deadlines are revised as follows: discovery
completion – April 12, 2021; mediation report – April 20, 2021; dispositive motions – April 23,
2021.
IT IS FURTHER ORDERED that counsel for the parties shall confer and then file a Joint
Report on or before April 2, 2021, that identifies their mediator and the mediation date.
SO ORDERED.

Signed: March 29, 2021

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