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Smith v. Charter Communications, 3:18-CV-00080-MOC-DSC. (2020)

Court: District Court, W.D. North Carolina Number: infdco20200221c31 Visitors: 7
Filed: Feb. 20, 2020
Latest Update: Feb. 20, 2020
Summary: ORDER DAVID S. CAYER , Magistrate Judge . THIS MATTER is before the Court on "Plaintiff's Motion to Compel . . ." (document #61) filed January 28, 2020. Pursuant to the Pretrial Order and Case Management Plan, the discovery deadline in this case was January 31, 2020. Document #55 at 3. That Order also directed the parties "to initiate discovery requests and notice or subpoena depositions sufficiently in advance of the discovery completion deadline so as to comply with this Order." Id.
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ORDER

THIS MATTER is before the Court on "Plaintiff's Motion to Compel . . ." (document #61) filed January 28, 2020. Pursuant to the Pretrial Order and Case Management Plan, the discovery deadline in this case was January 31, 2020. Document #55 at 3. That Order also directed the parties "to initiate discovery requests and notice or subpoena depositions sufficiently in advance of the discovery completion deadline so as to comply with this Order." Id.

Plaintiff did not serve his discovery requests until January 11, 2020 — less than thirty days before the discovery deadline. Although the requests are untimely, Defendant states in its responsive brief that it will serve responses. Document #62 at 2 and 7.

Accordingly, Plaintiff's Motion to Compel (document #61) is denied as moot.

The Clerk is directed to send copies of this Order to the pro se Plaintiff, to defense counsel, and to the Honorable Max O. Cogburn, Jr.

SO ORDERED.

Source:  Leagle

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