Gaston et al v. LexisNexis Risk Solutions, Inc. et al

Filing 69

ORDER granting in part 58 Motion to Compel Discovery Responses and Sanctions and Extend Discovery Deadline by 90 Days and denying in part as to the motion to compel. The discovery deadline is extended to 11/20/2019. The following deadlines are revised as follow: Mediation deadline set for 11/26/2019, Motions due by 12/6/2019. Signed by Magistrate Judge David Keesler on 11/4/2019. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-009-KDB-DCK
DELORIS GASTON, and
LEONARD GASTON,
Plaintiffs,
v.
LEXISNEXIS RISK SOLUTIONS, INC., and
POLICEREPORTS.US, LLC,
Defendants.

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ORDER

THIS MATTER IS BEFORE THE COURT on “Plaintiffs’ Motion To Compel
Discovery Responses And Sanctions and Extend Discovery By 90 Days” (Document No. 58) filed
August 22, 2019. 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, the undersigned will grant the motion in part and deny the motion in part, and will
sua sponte extend the mediation and dispositive motions deadlines.
The undersigned first notes that at Plaintiffs’ request, the Court held a telephone conference
on September 18, 2019, to discuss the pending discovery dispute(s) raised in Plaintiffs’ motion, as
well as “Keith Clinic Estramonte Chiropractic, P.A.’s Motion To Quash….” See (Document Nos.
58, 61, 64). The motion to quash was subsequently withdrawn, and Plaintiffs’ counsel has sent
updates to the undersigned’s staff indicating that the issues in the pending motion to compel are
being substantially narrowed or resolved. See (Document No. 68). The Court has not received an
update recently, and a final resolution of the pending discovery disputes is overdue.

The

undersigned is optimistic based on counsel’s reports and the guidance offered during the telephone
conference that the parties have resolved their disputes without additional Court intervention.
The undersigned further notes that, in the meantime, the mediation and dispositive motions
deadlines have passed without any filings or any requests for extension of time. See (Document
No. 48).
IT IS, THEREFORE, ORDERED that “Plaintiffs’ Motion To Compel Discovery
Responses And Sanctions and Extend Discovery By 90 Days” (Document No. 58) is GRANTED
in part and DENIED in part, as follows: the discovery deadline is extended to November 20,
2019, and the motion to compel is denied without prejudice.
IT IS FURTHER ORDERED that case deadlines are revised as follows: mediation report
– November 26, 2019; and dispositive motions – December 6, 2019.
SO ORDERED.
Signed: November 4, 2019

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