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

Filing 71

ORDER denying 70 Motion for Reconsideration of Order on Motion to Compel Plaintiff may file a motion to compel on or before 11/15/2019; Defendant(s) shall file a response to any motion to compel on or before 11/22/2019. Signed by Magistrate Judge David Keesler on 11/8/2019. (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 For Reconsideration
Of Order On Motion To Compel” (Document No. 70) filed November 7, 2019.1 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 deny the motion.
Instead, in the interests of judicial economy and efficient case management, the Court will
allow Plaintiff to file a renewed and revised motion to compel. However, counsel for the parties
are directed to confer in person or by telephone on or before November 12, 2019, in a final attempt
to resolve all outstanding discovery issues. The parties are advised that if the Court issues a
decision on a motion to compel, it will likely include an award of costs and fees pursuant to
Fed.R.Civ.P. 37(a)(5), and may provide for additional sanctions against one or more parties and/or
counsel if warranted pursuant to the Federal Rules. See (Document No. 48, p. 11).

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The motion does not indicate that the requirement of consultation has been satisfied pursuant to Local
Rule 7.1(b).

After proper consultation with opposing counsel, Plaintiff may also file a separate motion
seeking an extension of deadlines, if necessary.
IT IS, THEREFORE, ORDERED that Plaintiffs’ “Motion For Reconsideration Of Order
On Motion To Compel” (Document No. 70) is DENIED.
IT IS FURTHER ORDERED that Plaintiff may file a motion to compel on or before
November 15, 2019; Defendant(s) shall file a response to any motion to compel on or before
November 22, 2019.
SO ORDERED.
Signed: November 8, 2019

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