JAMES E. GATES, Magistrate Judge.
This case, brought pro se by plaintiff Keith Edward Frazier ("plaintiff"), comes before the court on six motions: (1) a motion (D.E. 47) by defendants City of Greenville ("Greenville"), Jeffrey Baxter ("Baxter"), and Charles Farrar ("Farrar") (collectively "Greenville defendants") to continue the Fed. R. Civ. P. 26(f) conference previously ordered to be held (see D.E. 42); (2) a motion (D.E. 48) by defendants City of Washington ("Washington"), Jesse Dickinson ("Dickinson"), Jerry Seighman ("Seighman"), and Isaac Barrett ("Barrett") (collectively "Washington defendants") to stay discovery pending resolution of their dismissal motion (D.E. 39); (3) a motion (D.E. 51) by plaintiff for extension of the time to respond to the dismissal motion by the Washington defendants as well as the dismissal motion by the Greenville defendants (D.E. 21); (4) a motion by plaintiff (D.E. 57) for copies of any orders issued and extensions of any deadlines set while plaintiff was being transferred to another facility; (5) a motion (D.E. 65) by plaintiff for a trial date; and (6) a motion (D.E. 66) by plaintiff for the issuance of subpoenas. The motions have been referred to the undersigned for disposition pursuant to 28 U.S.C. § 636(b)(1)(A). (See Public D.E.'s dated 14 July 2014, 8 Aug. 2014, and 4 Dec. 2014). For the reasons set forth below, plaintiff's motion for a trial date and issuance of subpoenas will be denied as premature and the remaining motions will be denied as moot.
In his complaint (D.E. 5), plaintiff alleges that Seighman (see id. 3, 6-7, 8),
In its 15 September 2014 Order (D.E. 61 at 9) on the Greenville defendants and Washington defendants' motions to dismiss and plaintiff's motion for summary judgment (D.E. 34), the court dismissed all of the claims in plaintiff's complaint with the exception of plaintiff's Fourth Amendment claims against Seighman based on the 21 February 2011 and 3 March 2011 stops.
The 15 September 2014 Order moots four of the pending motions: the motion (D.E. 47) by the Greenville defendants to continue the Fed. R. Civ. P. 26(f) conference is moot because the Greenville defendants are no longer in the case; the motion (D.E. 48) by the Washington defendants to stay discovery is moot because the Washington defendants' dismissal motion has been resolved; plaintiff's motion (D.E. 51) for extension of the time to respond to the motions to dismiss is moot because his response (D.E. 52) and sur-reply (D.E. 59) to those motions were considered by the court (see 15 September 2014 Order at 2); and plaintiff's motion (D.E. 57) for copies of any orders issued and extensions of any deadlines set while plaintiff was being transferred to another facility is moot because it has not been shown that any orders were issued or deadlines set until after plaintiff filed his notice of change of address (D.E. 60).
Plaintiff's two remaining motions, for a trial date (D.E. 65) and for issuance of subpoenas (D.E. 66), are premature because a scheduling order has not yet been entered in this case. The court agrees that entry of a scheduling order to establish a discovery schedule for the remaining claims in this case is appropriate at this time and provides for preparation of such an order below.
For the foregoing reasons set forth above, IT IS ORDERED as follows:
1. The motions to continue the Fed. R. Civ. P. 26(f) conference (D.E. 47), to stay discovery (D.E. 48), for extension of time to respond to the motions to dismiss (D.E. 51), and for copies of orders and of extensions of any deadlines (D.E. 57) are DENIED AS MOOT.
2. The motions for a trial date (D.E. 65) and for the issuance of subpoenas (D.E. 66) are DENIED AS PREMATURE.
3. The parties shall confer no later than 20 March 2015 in a good faith attempt to reach agreement on a proposed discovery plan for the remainder of this case, pursuant to Fed. R. Civ. P. 26(f). If the parties are able to reach agreement, the remaining defendant, Seighman, shall file the joint proposed discovery plan by 31 March 2015. If the parties are not able to reach agreement, each shall file his own proposed discovery plan by that same date.
SO ORDERED.