Retail Service Systems, Inc. v. Carolina Bedding Direct, LLC et al

Filing 34

SCHEDULING ORDER establishing deadlines for discovery and briefing related to plaintiff's motions for default judgment and defendant's motions to set aside entry of default and finding as moot 24 Motion to Compel; granting 26 Motion to Expedite; granting 28 Motion to Continue. Signed by Magistrate Judge Mark R. Abel on 3/1/2014. (Abel, Mark)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RETAIL SERVICE SYSEMS, INC.,
Plaintiff,
v.
CAROLINA BEDDING DIRECT, LLC, et
al.,
Defendants.

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Case No. 2:13-cv-994
Judge George C. Smith
Magistrate Judge Mark Abel

SCHEDULING ORDER
Pursuant to the Court’s February 20, 2014 Order (Doc. 29 at p.7), Plaintiff Retail Service
Systems, Inc. (“RSS”) and Defendant Carolina Bedding Direct, LLC, a dissolved North Carolina
limited liability company (“Carolina Bedding (NC)”) submitted a proposed scheduling which is
hereby ADOPTED as modified below:
1.

Parties will submit a proposed Protective Order to the Court on or before March
7, 2014.

2.

Written Discovery was served by Plaintiff RSS on February 14, 2014. Responses
will be due from Carolina Bedding (NC) on or before:
a. Defendant says: March 10, 2014 (12 business days from the 2/20/14 Order
expediting discovery, in part).
b. Plaintiff says: March 5, 2014 (12 business days from the 2/14/14 service)

3.

Written discovery was served by Defendant Carolina Bedding (NC) on February
21, 2014. Responses will be due from Plaintiff RSS on or before March 11,
2014.

4.

March 18, 2014 – A status conference will be held with Magistrate Judge Abel
regarding any discovery dispute(s) that the Parties have attempted, but failed, to
resolve as required by S.D. Ohio Civ. R. 37.1.
5.

Depositions will take place March 19 through April 18, 2014

6.

April 18, 2014 – Discovery closes.

7.

Briefing Schedule – Rule 55 Motions to Set Aside Entries of Default (Doc Nos.
18 & 27): Briefing shall be as provided in S.D. Ohio Civ. R. 7.2.

8.

Before the hearing on the motions for default judgment and to set aside entry of
default, the parties may—if they so choose--file simultaneous briefs regarding
jurisdiction, the prima facie showing of liability, and damages on or before May
2, 2014, with simultaneous responses due on or before May 9, 2014.

9.

A Hearing Date, and any pre-hearing briefing, will be scheduled, if necessary, by
the Court, with input from the parties at a status conference to be conducted
within seven (7) days of the Court’s Ruling on the pending Rule 55 motions.

10.

If one or more of the Rule 55 motions are granted, further discovery and case
deadlines will be set by the Court, with input from the parties at a status
conference to be conducted within seven (7) days of the Court’s Ruling on the
pending Rule 55 motions.

The Clerk of Court is DIRECTED to terminate plaintiff’s February 13, 2014 motion to
compel (doc. 24), February 16, 2014 motion to expedite discovery (doc. 26), and
defendant’s February 20, 2014 motion to continue the February 20 evidentiary hearing
(doc. 28), because they were discussed and resolved by my February 13, 2014 Order
(doc. 25) and February 20, 2014 Scheduling Order (doc. 29).

s/Mark R. Abel
Magistrate Judge Mark R. Abel

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