Performance Sales & Marketing, LLC, Iredell County et al

Filing 130

ORDER directing parties to appear for a hearing on 6/29/2011. Set Deadlines as to 115 MOTION for Extension of Scheduling Deadlines, 120 MOTION to Withdraw and/or Amend Deemed Admission to Requests for Admission, [10 5] MOTION to Compel Discovery from Defendant Lowe's Companies, Inc. MOTION for Extension of Time to Complete Discovery and Extend Deadlines for Expert Reports.( Motions Hearing set for Wednesday, 6/29/2011 @ 02:00 PM in Courtr oom 1, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell.) Court directs cnsl for parties to confer in person at least 3 days prior to hearing and attempt to resolve discovery issues. Court will consider sanctions against any party it finds to have abused the discovery process. Signed by Magistrate Judge Dennis Howell on 6/15/2011. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:07cv140
PERFORMANCE SALES &
MARKETING, LLC, a North Carolina
Limited Liability Company; PSM
GROUP, INC., a North Carolina
Corporation; an GREG SEREY, an
individual,

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)
)
)
)
)
)
Plaintiffs,
)
)
v.
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LOWE’S COMPANIES, INC.,
)
)
Defendant.
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___________________________________ )

ORDER

Pending before the Court are Plaintiffs’ Motion to Compel Discovery [# 105]
and Motion to Withdraw and/or Amend Deemed Admissions [# 120], and Defendant’s
Motion to Compel and to Extend Discovery Deadlines [# 115]. In short, each side
contends that the opposing side has failed to fully respond to various discovery
requests. Accordingly, both sides now move to compel the production of documents
and answers to interrogatories.

In addition, Plaintiffs move to withdraw or

supplement their deemed admissions to Defendant’s Second Request for Admissions.
The Court DIRECTS the parties appear for a hearing at 2:00 p.m. on June 29, 2011,
in Courtroom 1 at the United States District Court Western District of North Carolina,
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Asheville Division, 100 Otis Street, Asheville, North Carolina. At the hearing the
Court will address these pending discovery motions. The Court DIRECTS counsel
for the parties to CONFER in person - not by email, letter, or telephonically - at least
three days prior to the hearing and attempt to resolve the outstanding discovery issues
or narrow the outstanding issues that need to be addressed at the hearing. The Court
INSTRUCTS the parties that it will consider sanctions against any party that it finds
to have abused the discovery process or acted in disregard to its discovery obligations
under the Federal Rules of Civil Procedure.

Signed: June 15, 2011

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