Graham v. Carolina Blankets Inc.

Filing 7

ORDER denying without prejudice #3 Defendant's Motion to Dismiss; denying without prejudice #6 pro se Plaintiff's Motion to Compel Discovery and Response to Strike Defendants Motion to Dismiss. IT IS FURTHER ORDERED that the parties shall conduct an Initial Settlement Conference and File a "Certificate of Settlement Conference" by August 12, 2022. IT IS FURTHER ORDERED that if the parties do not reach an early settlement, pro se Plaintiff may file an Amended Complaint on or before August 19, 2022. Signed by Magistrate Judge David Keesler on 8/1/22. (Pro se litigant served by US Mail.)(mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:22-CV-271-KDB-DCK
THOMAS D. GRAHAM,
Plaintiff,
v.
CAROLINA BLANKETS INC.,
Defendant.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Defendant’s Motion To Dismiss
Plaintiff’s Complaint” (Document No. 3) filed July 14, 2022, and pro se Plaintiff’s “Motion To
Compel To Discovery And Response To Strike Defendants Motion To Dismiss…” (Document
No. 6) filed July 28, 2022. These motions 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 motions and the record, and in consultation with the
Honorable Kenneth D. Bell’s chambers, the undersigned will deny the motions, without prejudice.
As an initial matter, the Court observes that the parties have failed to comply with the
“Standing Order Requiring An Initial Settlement Conference In Civil Cases Assigned To The
Honorable Kenneth D. Bell,” 5:19-MC-005-KDB, which was linked to the docket of this case on
June 17, 2022. In pertinent part, that Order requires “that the parties participate in a settlement
conference prior to the filing of an Answer or other response (such as motion to dismiss under
FRCP Rule 12) to establish an early opportunity for the parties to resolve the action.” 5:19-MC005-KDB, (emphasis added). To date, no “Certificate Of Settlement Conference” has been filed.
Id.

Case 3:22-cv-00271-KDB-DCK Document 7 Filed 08/01/22 Page 1 of 3

Based on the foregoing, Judge Bell has directed that “Defendant’s Motion To Dismiss…”
should be administratively denied, without prejudice to being re-filed at a later date, after the
parties have conducted an Initial Settlement Conference, and after pro se Plaintiff has had an
opportunity to file an Amended Complaint, if necessary.
In addition, the undersigned notes that pro se Plaintiff’s filing appears to combine a
response to the pending motion to dismiss with a motion to compel. (Document No. 6). According
to the Local Rules of this Court, “[m]otions shall not be included in responsive briefs. Each motion
must be set forth as a separately filed pleading.” LCvR 7.1 (2).
To the extent pro se Plaintiff seeks to compel discovery, such request is also premature
pursuant to the Local Rules.
The parties may engage in consensual discovery at any time.
However, Court-enforceable discovery does not commence until
issue have joined and a Scheduling Order has been entered…
LCvR 16.1 (f)
Based on the foregoing, the Court expects the parties to promptly conduct an Initial
Settlement Conference in good faith. If that conference leads to an impasse, pro se Plaintiff may
file an Amended Complaint.
IT IS, THEREFORE, ORDERED that “Defendant’s Motion To Dismiss Plaintiff’s
Complaint” (Document No. 3) is DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that pro se Plaintiff’s “Motion To Compel To Discovery
And Response To Strike Defendants Motion To Dismiss…” (Document No. 6) is DENIED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the parties shall conduct an Initial Settlement
Conference and file a “Certificate Of Settlement Conference” by August 12, 2022.

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Case 3:22-cv-00271-KDB-DCK Document 7 Filed 08/01/22 Page 2 of 3

IT IS FURTHER ORDERED that if the parties do not reach an early settlement, pro se
Plaintiff may file an Amended Complaint on or before August 19, 2022.
SO ORDERED.

Signed: August 1, 2022

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