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Robinson v. East Carolina University

United States District Court, E.D. North Carolina, Eastern Division

September 1, 2017

BARBARA L. ROBINSON, Plaintiff,
v.
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.

          ORDER

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

         This 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.

         A. Pending Motion

         In 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.

         B. Notice of Appearances

         As 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.

         C. Extension of Time to Answer

         Defendant 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 defendant ECU.

         D. Preliminary Discovery

         1. The 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, 2017.

         2. In 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.

         E. Protective Order

         1. 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.

         2. A 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 ...


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