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SCHEDULING ORDER: Discovery due by 2/18/2022. Motions due by 5/31/2022.… — Blueacorn Beringer (Dkt. 57)
No. 5:21-cv-00251-BO · Doc. 57 · Docket on CourtListener
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:21-CV-00251-BO
Beringer Commerce, Inc., d/b/a Blue
Acorn iCi,
Plaintiff,
v.
Scheduling Order
Fin Cap Inc., d/b/a “Blueacorn.CO”,
Blue Acorn PPP, LLC, and Blue Oak
Forest, LLC.,
Defendants.
After considering pleadings and the Rule 26(f) Report submitted by the parties (D.E. 56),
the Court enters the following scheduling order:
1. Scope of Discovery
The scope of discovery in this matter is limited to the issues identified in Paragraph 3(a)
of the Rule 26(f) Report.
2. Initial Disclosures
If the parties have not already done so, they will make the initial disclosures required by
Rule 26(a)(1) by Monday, September 13, 2021.
3. Discovery Plan
a. All fact discovery shall be initiated in time to be completed by Friday,
February 18, 2022.
b. Each party may serve on any other party up to 30 interrogatories,
including all discrete subparts.
c. Any objection to Interrogatories or Requests for Production shall be stated
with particularity. Boilerplate objections (e.g. objections without a particularized basis,
such as “overbroad, irrelevant, burdensome, not reasonably calculated to identify
admissible evidence”) may be treated as a failure to answer pursuant to Rule 37(a)(4).
Case 5:21-cv-00251-BO Document 57 Filed 08/26/21 Page 1 of 3
d. Each party may serve on any other party up to 30 Requests for Admission
pursuant to Rule 36.
e. Each party may take up to 25 fact depositions. Depositions may be
conducted remotely and oaths may be administered remotely. Absent a court order or
stipulation by the parties, the length of each deposition shall be limited to seven hours on
one day. Time taken for breaks and recesses shall not count towards the hour limit.
4. Expert Reports
a. The parties shall make the disclosures required by Rule 26(a)(2) on the
following schedule:
i. Plaintiff’s disclosures shall be made no later than Thursday, March
10, 2022.
ii. Defendant’s disclosures shall be made no later than Wednesday,
March 30, 2022.
iii. Depositions of experts shall be occur no later than Friday, April
29, 2022.
5. Amendment of Pleadings and Addition of Parties
a. Except as provided by Rule 15(a), the parties must obtain leave of court to
amend the pleadings or add parties.
b. The parties shall file motions to amend the pleadings or join additional
parties no later than Wednesday, October 13, 2021.
6. Protective Orders
Any proposed protective orders that discuss filing materials under seal must comply with
Local Civil Rule 79.2 and the presiding judge’s practice preferences. Failure to include the
necessary language will result in the court denying the motion without prejudice.
7. Dispositive Motion Deadline
The parties shall file any dispositive motions by Tuesday, May 31, 2022.
8. Alternative Dispute Resolution
a. The parties shall participate in a mediated settlement conference prior to
the end of the discovery period. The parties have identified Judge James Gale as their
agreed-upon mediator.
Case 5:21-cv-00251-BO Document 57 Filed 08/26/21 Page 2 of 3
b. If a party or parties believe that this case should be exempted from the
requirement to mediate, they may file a motion requesting an exemption. The motion
should reflect the position of any party that has not joined in the motion. The court will
consider the motion and determine, in its discretion, whether to grant the motion.
c. If a party or parties believes that a form of alternative dispute resolution
other than mediation, such as a summary trial or court-hosted settlement conference,
would be beneficial, they may file a motion requesting to proceed in that manner.
9. Trial Date and Related Deadlines
The trial date and related deadlines will be set by separate order at a later date. However,
the court reserves the right to schedule the case for trial as soon as 30 days after the dispositive
motion deadline.
10. Discovery of Electronically Stored Information
The parties do not anticipate any issues with the preservation or discovery of ESI.
11. Extensions of Time to Respond to Discovery Requests
Under Rule 29(b) of the Federal Rules of Civil Procedure the parties may stipulate to
extensions of time to respond to discovery and do not need to seek court approval unless the
proposed extension would interfere with the time set for completing discovery, for hearing a
motion, or for trial. Motions for extensions of time to respond to discovery that could be
addressed through a stipulation will be viewed with disfavor by the court.
12. Consent to Magistrate Judge Jurisdiction
A United States magistrate judge is available to conduct all proceedings in this action
(including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may
then be appealed directly to the United States court of appeals like any other judgment of this
court. A magistrate judge may exercise this authority only if all parties voluntarily consent and
the district judge agrees that referral would be appropriate. The consent form is available on the
court’s website.
The remaining portions of the Rule 26(f) Report that are not inconsistent with this
Scheduling Order are approved and adopted by the court.
Dated: August
Dated: August 24,
26, 2021. __________________________________
ROBERT T. NUMBERS, II
UNITED STATES MAGISTRATE JUDGE
______________________________________
Robert T. Numbers, II
United States Magistrate Judge
Case 5:21-cv-00251-BO Document 57 Filed 08/26/21 Page 3 of 3
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