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Katz v. Capps

United States District Court, E.D. North Carolina

May 31, 2018

GREGORY KATZ, Plaintiff,
v.
TIMOTHY CAPPS and KACIE HOPKINS VAN HINE, Defendants. TIMOTHY CAPPS, Plaintiff,
v.
MONTY HARRIS, NEWMARK & COMPANY REAL ESTATE, INC., NEWMARK SOUTHERN REGION, LLC and DOES 1-25, Defendants.

          ORDER

          LOUISE W. FLANAGAN UNITED STATES DISTRICT JUDGE

         These cases have been assigned to the docket of Judge Louise W. Flanagan. This matter came before the court for Rule 16 telephonic status conference and hearing held on May 30, 2018. Timothy Capps and Kacie Hopkins Van Hine appeared through John P. Barry and Christopher J. Blake. Monty Harris and Gregory Katz appeared through Victor L. Hayslip. Newmark & Company Real Estate, Inc. and Newmark Southern Region, LLC (collectively “Newmark”) appeared through Jonathan D. Sasser and Taylor H. Crabtree. This order memorializes the court's oral pronouncements made on May 30, 2018 and embodies the court's initial order on planning and discovery for the above-captioned cases.

         I. Preliminary Issues Considered At Hearing Yesterday

         A. Defendant Capps' consented to motion to consolidate these case, DE 32 in case number 7:18-CV-47, is GRANTED.

         B. Response time to defendant Newmark's motion to stay discovery, DE 33 in case number 5:18-CV-133, is STAYED to allow time for the parties to confer and submit to the court parties' joint report and plan in these now consolidated cases as discussed below.

         C. Defendant Newmark is DIRECTED to file on or before 7 days from entry of this order amended financial disclosures, if appropriate. Defendant Newmark is DIRECTED to file on or before 14 days from entry of this order status report or opinion from the North Carolina State Bar as to whether Cantor Fitzgerald may continue as counsel of record in light of N.C. Gen. Stat. § 84-5 and relevant case law.

         II. Rule 26(f) Conference[1]

         Unless good cause is shown in request for exemption or stay, and the court orders otherwise, the Rule 26(f) conference must occur on or before 21 days from entry of this order. The parties are jointly responsible for arranging the conference, which shall involve counsel for each represented party and all unrepresented parties, and for attempting in good faith to agree on a proposed plan for completion of discovery, filing of motions, pretrial and trial activities, and other matters addressed in this order.

         III. Initial Disclosures

         Mandatory initial disclosures required by Rule 26(a)(1) must be made within 14 days after the Rule 26(f) conference, unless (a) a different time is set by stipulation of parties or court order, or (b) a party objects during the Rule 26(f) conference and states the objection and the response thereto in the report and plan filed with the court. Absent a stipulation or court order, any party first served or otherwise joined after the conference must make these disclosures within 30 days after being served or joined. Failure to disclose information required by Rule 26(a) or 26(e)(1) may subject the offending party or parties to sanctions pursuant to Rule 37. In order to facilitate settlement negotiations and to avoid unnecessary expense, the parties may agree that, without any need for formal requests for production, copies of the various documents and/or electronically stored information described in the parties' respective Rule 26(a)(1) disclosures shall be exchanged or made available for inspection and copying by a date certain.

         IV. Joint Report and Plan

         The report and plan shall be filed with the court within 14 days after the conference. The report and plan shall inform of the date on which the Rule 26(f) conference took place, and persons participating therein. The following must be considered at the Rule 26(f) conference and included in the report and plan:

         A. The parties' proposed case caption and case number;

         B. Discussion of the nature and complexity of the case.[2] This shall be presented in the form of a brief statement which contains information from all parties ...


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