United States District Court, E.D. North Carolina, Eastern Division
BARBARA L. ROBINSON, Plaintiff,
EAST CAROLINA UNIVERSITY; JOHN MARK WILLIAMS M.D., in his individual capacity; MARK D. IANNETTONI M.D., in his individual capacity; JODY COOK MS, RN, CPHRM, in her individual capacity; MAGMUTUAL INSURANCE COMPANY d/b/a MAGMutual Insurance Agency, LLC, Defendants.
W. FLANAGAN UNITED STATES DISTRICT JUDGE
matter came before the court today for telephonic status
conference pursuant to Federal Rule of Civil Procedure 16, at
which counsel Mary-Ann Leon appeared for plaintiff; Stephanie
Ann Brennan appeared for defendant East Carolina University
(“ECU”) and appeared upon the court's request
as courtesy counsel on behalf of the individual capacity
defendants; and Jonathan A. Berkelhammer and Kelly Margolis
Dagger appeared for defendant MAGMutual Insurance Company
(“MAGMutual”). The court memorializes herein
determinations made at conference.
light of discussion at conference, as well as imposition of
the preliminary discovery and briefing schedule noted herein,
plaintiff's motion for temporary restraining order and
preliminary injunction (DE 4) is DENIED WITHOUT PREJUDICE.
Notice of Appearances
discussed at conference, counsel for ECU presently is
evaluating potential representation of the individual
capacity defendants, John Mark Williams, Mark D. Iannettoni,
and Jody Cook. Counsel for ECU is DIRECTED to file a notice
of appearance in the event of such representation by
September 5, 2017.
Extension of Time to Answer
MAGMutual moved at conference for extension of time to
answer. Upon consent of plaintiff, the motion is GRANTED and
the deadline for MAGMutual to answer is October 17,
2017, consistent with the answer deadline of
parties at conference agreed to a limited period of
preliminary discovery focused on certain issues bearing on
potential amended motion for preliminary injunction,
discussed herein. The parties shall propound and serve
electronically written discovery on or before
September 6, 2017. Responses thereto shall
be served electronically by September 15,
the event of a dispute concerning discovery, the parties are
DIRECTED to make good faith effort between the parties to
resolve the matter. In the event of continued dispute, the
complaining party shall convene a conference among the
parties and this court by telephone through the office of the
case manager, at (252) 638-8534. The party convening the
conference shall send via facsimile transmittal directed to
the case manager at (252) 638-1529, or by email to the case
manager as directed, the submissions in discovery most
directly bearing on the particular dispute, for the
court's review in advance of telephonic conference, and
suggest several alternatives dates and times for conference,
as agreed to by all parties.
Discovery in this case may be governed by a protective order.
Counsel shall confer and then submit a jointly proposed
protective order as soon as is practicable, no later than
September 13, 2017.
jointly proposed protective order must include, in the first
paragraph, a concise but sufficiently specific recitation of
the particular facts in this case that would provide the
court with an adequate basis upon which to make the required
finding of good cause for ...