Johnson v. North Carolina, State of et al

Filing 29

ORDER granting 26 Motion to Make Filings in Paper Form; granting 27 Motion to File Response to State of NC's Partial Motion to Dismiss; granting 28 Motion to File Reponse to Keith Whitener's Motion to Dismiss. Set/Reset Deadlines as to 15 MOTION to Dismiss Partial, 22 MOTION to Dismiss .(Responses due by 6/25/2012.), Motions terminated: 28 MOTION for Extension of Time to File Response/Reply re: 22 MOTION to Dismiss , 27 MOTION for Extension of Time to File Response/Reply re: 15 MOTION to Dismiss Partial, 26 MOTION for Leave to File.Signed by Magistrate Judge David Keesler on 6/12/2012. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:11-CV-057-RLV-DCK
KATHERYN JOHNSON,

)
)
Plaintiff,
)
)
v.
)
)
THE STATE OF NORTH CAROLINA )
and KEITH WHITENER,
)
)
Defendants.
)
___________________________________ )

ORDER

THIS MATTER IS BEFORE THE COURT on three motions filed by Plaintiff on June
5, 2012: Plaintiff’s “Motion To Make Filings In Paper Form” (Document No. 26); Plaintiff’s
“Motion” (Document No. 27) seeking additional time to file a response to “Defendant State Of
North Carolina’s Partial Motion To Dismiss” (Document No. 15); and Plaintiff’s “Motion To
Extend Time To File Brief” (Document No. 28), responding to “Defendant Keith Whitener’s Motion
To Dismiss” (Document No. 22). These motions have 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 the interest of judicial economy, the undersigned will
grant the motions.
Plaintiff’s first motion (Document No. 26) seeks relief from Local Rule 83.1(D) requiring
attorneys admitted to practice before this Court to establish an ECF account with Clerk of Court.
This Court’s Administrative Procedures Governing Filing And Service By Electronic Means,
provides in section (I)(A)(4):
For good cause shown, an attorney may apply to the assigned judge
for permission to file documents conventionally. Such permission,
if granted, will be granted only with respect to a particular case.
Even if the assigned judge initially grants an attorney permission to

file documents conventionally, however, the assigned judge may
withdraw that permission at any time during the pendency of a case
and require the attorney to file documents electronically using the
System.
The Court in its discretion will excuse counsel from the ECF requirement in this case only.
Regarding Plaintiff’s motions for additional time to respond to the pending motions to
dismiss, Plaintiff offers little, if any, persuasive explanation for the failures to file timely responses,
or for the requests for additional time to respond. (Document Nos. 15, 22). Nevertheless, in this
instance, the Court will allow additional time. Counsel for Plaintiff is respectfully advised to review
the Court’s Local Rules, particularly concerning motions in civil actions. See Local Rule 7.1.
The parties are reminded that the mediation deadline is June 29, 2012, and that a report on
the results of their mediation shall be filed by July 6, 2012. (Document No. 25).
IT IS, THEREFORE, ORDERED that Plaintiff’s “Motion To Make Filings In Paper
Form” (Document No. 26) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s “Motion” (Document No. 27) is GRANTED.
Plaintiff shall file a response to “Defendant State Of North Carolina’s Partial Motion To Dismiss”
(Document No. 15) on or before June 25, 2012.
IT IS FURTHER ORDERED that Plaintiff’s “Motion To Extend Time To File Brief”
(Document No. 28) is GRANTED. Plaintiff shall file a response to “Defendant Keith Whitener’s
Motion To Dismiss” (Document No. 22) on or before June 25, 2012.
Signed: June 12, 2012

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