Combs et al v. Ashe County et al

Filing 112

ORDER granting 108 Second MOTION Pre-Trial Conference. Pretrial Conference set for 8/2/2018 02:00 PM in Courtroom 2-2, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen. Signed by Senior Judge Graham Mullen on 7/25/2018. (Pro se litigant served by US Mail.)(nvc) Modified text on 7/26/2018 (nvc).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
NO. 5:14-cv-136-GCM

TOMMY R. COMBS,
Plaintiff,
v.
ORDER
THE COUNTY OF ASHE, et al.,
Defendants.

THIS MATTER is before the Court on the Second Motion for Pre-Trial Conference and
Scheduling Order filed by Defendants County of Ashe and GARCO, Inc. (herein, “Defendants”)
(Doc. No. 108). Plaintiff has filed a response in opposition, and Defendants have filed a reply.
Plaintiff filed his complaint on August 15, 2014. The Honorable Richard L. Voorhees
issued an opinion on July 6, 2016, dismissing a number of Plaintiff’s claims and dismissing all
claims with respect to several defendants. After Defendants made multiple unsuccessful
attempts to hold an attorneys’ conference, Defendants requested a pre-trial conference to enter a
scheduling order on February 16, 2017. The Court denied that motion, however, as Plaintiff
opted into the PSAP Program. After the parties reached an impasse in the mediated settlement
conference, Plaintiff filed a motion for leave to intervene and to amend complaint. On August
15, 2017, the Honorable David S. Cayer, U.S. Magistrate Judge, denied Plaintiff’s motion and
issued a notice to conduct initial attorneys’ conference.
On September 1, 2017, this case was reassigned to the Honorable Judge Graham C.
Mullen. This Court affirmed the decision of the magistrate judge on November 20, 2017.

Plaintiff then appealed the denial of his motion to the Fourth Circuit. On June 14, 2018, the
Fourth Circuit affirmed the decision of this Court, and the mandate of the Court of Appeals was
entered on July 5, 2018.
As a result, this case has been pending for nearly four years and no scheduling order has
yet been entered. Plaintiff argues that this Court should not hold a conference at this time
because his time to appeal the Fourth Circuit’s decision to the Supreme Court of the United
States has not yet expired. However, the Court finds that it has the authority to hold a conference
and issue a scheduling order at this time because the Fourth Circuit’s decision dismissed the
appeal, the mandate returned the matter to this Court on July 5, 2018, and no stay has been
entered.
The Court THEREFORE ORDERS that a pre-trial conference be held in Courtroom 2-2
of the Charlotte Courthouse on Thursday, August 2, 2018, at 2:00pm.
SO ORDERED.

Signed: July 25, 2018