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- ncmd;;1:17-cv-01014_de52 RegisterActionDate "2019-05-08" @default.
- ncmd;;1:17-cv-01014_de52 RegisterActionDescriptionText "TEXT ORDER granting in part and denying in part 36 Joint Motion to Stay All Deadlines in the Scheduling Order. Pursuant to a Text Order dated 11/27/2018, the Court adopted the parties' proposed discovery deadline of 07/01/2019 and dispositive motion deadline of 08/15/2019 (from 30 Joint Rule 26(f) Report). In reliance on those deadlines, the Clerk issued 34 Notice setting this case for trial during the term commencing 04/06/2020. According to 36 Joint Motion, at a mediation on 05/02/2019, the parties agreed to investigate the possibility of settlement by agreed transfer of Plaintiff's employment to a different department; "[h]owever, given that finals are concluding and many faculty will be leaving not only the area but perhaps even the country for much of the summer, the Interim Dean [employed by Defendant University of North Carolina at Chapel Hill with responsibility for facilitating any such transfer] indicated that she expected it would be late in September before she would know if the proposed transfer could be accomplished." As a result, 36 Joint Motion asks the Court: (1) to "stay all deadlines in the current Scheduling Order for not less than 6 months and remove the case from the April 6, 2020 trial calendar"; and (2) "[t]o the extent the parties [do] not... reach a settlement agreement at the end of the six month stay,... [to] allow[] not less than three months to complete discovery, with corresponding deadlines for case dipositive motions and a trial of this matter." Under the circumstances presented, the Court finds good cause for a brief stay to allow the parties to investigate the possibility of settlement via an agreed transfer; however, the Court does not find good cause to enter a stay of the length requested, to alter the trial date, or to allow three months for further discovery at the end of the stay. The Court sympathizes with the administrative difficulties the Interim Dean may face in attempting to facilitate a transfer for Plaintiff at this point in the academic calendar, but the Court simply cannot find that the summer travel (even international travel) activities of some faculty members reasonably could preclude resolution of questions regarding the transfer for nearly five months (i.e., from early 05/2019 to late 09/2019), particularly given the advances in communication technology. Further, the Court notes that it allowed the parties to select their own discovery and dispositive motions deadlines and then set the trial accordingly. In light of that fact, the trial date should be enforced (which also precludes extending the discovery and dispositive motions deadlines to the extent requested). Finally, at the time the parties decided to pursue the transfer-based settlement option (on or after 05/02/2019), only two months remained in the discovery period and the only other unexpired discovery deadline was the 06/01/2019 deadline for rebuttal expert disclosures. Accordingly, discovery is stayed until 07/09/2019. The deadline for rebuttal expert disclosures is re-set for 08/09/2019. The discovery deadline is re-set for 09/09/2019. The dispositive motions deadline is re-set for 10/09/2019. Issued by MAG/JUDGE L. PATRICK AULD on 05/08/2019. (AULD, L.) (Entered: 05/08/2019)" @default.
- ncmd;;1:17-cv-01014_de52 AdministrativeID "None" @default.
- ncmd;;1:17-cv-01014_de52 hasJudgeReference SJ004076 @default.
- ncmd;;1:17-cv-01014_de52 hasReferenceToOtherEntry ncmd;;1:17-cv-01014_de37 @default.
- ncmd;;1:17-cv-01014_de52 hasReferenceToOtherEntry ncmd;;1:17-cv-01014_de46 @default.
- ncmd;;1:17-cv-01014_de52 hasReferenceToOtherEntry ncmd;;1:17-cv-01014_de50 @default.