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MOTION to Amend/Correct 57 Scheduling Order filed by Beringer Commerce, Inc — Blueacorn Beringer (Dkt. 62)
Summary
An Unopposed Motion to Amend Scheduling Order, Document 62, stamped Filed 01/06/22, in Beringer Commerce, Inc. d/b/a Blue Acorn iCi v. Fin Cap, Inc. d/b/a "Blueacorn.co," Blue Acorn PPP, LLC, and Blue Oak Forest, LLC, Civil Action No. 5:21-CV-251-BO, in the United States District Court for the Eastern District of North Carolina, Western Division. Plaintiff asks to extend deadlines in the Scheduling Order [DE-57], including fact discovery to July 18, 2022 and dispositive motions to November 2, 2022. The motion states that additional time is needed because of changes in plaintiff's lead counsel and the breakdown of settlement talks, and that Defendants' counsel was consulted and Defendants consent. It is dated the 6th day of January, 2022 and signed /s/ Beth A. Stanfield.
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“MOTION to Amend/Correct 57 Scheduling Order filed by Beringer Commerce, Inc — Blueacorn Beringer (Dkt. 62).”
Original at ecf.nced.uscourts.gov, No. 5:21-cv-00251-BO, Doc. 62. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/blueacorn-beringer-nced-187990/undated-gov-uscourts-nced-187990-62-0-gov-uscourts-nced-187990-62-0/
, SHA-256 d8080aefd6ff58e837aa7243c11bf054556cdca405be42647a6cfcaf44759cc5.Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:21-CV-251-BO
BERINGER COMMERCE, INC. d/b/a
BLUE ACORN iCi,
Plaintiff,
v.
UNOPPOSED MOTION TO AMEND
SCHEDULING ORDER
FIN CAP, INC. d/b/a “BLUEACORN.CO,”
BLUE ACORN PPP, LLC, and BLUE OAK
FOREST, LLC,
Defendants.
Pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure and Local Civil
Rule 26.1(e)(2), Plaintiff BERINGER COMMERCE, INC. d/b/a BLUE ACORN iCi, (“Blue
Acorn iCi”) by and through the undersigned counsel, hereby submits this Motion to Amend this
Court’s Scheduling Order [DE-57] to extend the specific deadlines addressed below. In support of
this Motion, the Plaintiff shows the Court the following:
1. On June 10, 2021 Plaintiff filed its Complaint in the Eastern District of North
Carolina [DE-1].
2. On July 20, 2021 Defendants filed their Answer [DE-48].
3. The Scheduling Order was entered in this action on August 26, 2021 [DE-57].
4. After this Court’s order denying Plaintiff’s Motion for Preliminary Injunction was
entered on July 14, 2021, the parties engaged in good faith settlement discussions, seeking to
resolve this matter prior to engaging in formal discovery and discussing the possibility of early
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Case 5:21-cv-00251-BO Document 62 Filed 01/06/22 Page 1 of 4
mediation. However, the parties were not able to reach a resolution and began the discovery
process.
5. On November 11, 2021, Defendants served Plaintiff with their First Set of
Interrogatories and First Requests for Production of Documents.
6. On December 14, 2021, Plaintiff served Defendants with its First Set of
Interrogatories and Requests for Production of Documents.
7. All parties’ discovery requests are currently pending.
8. The undersigned believes additional time to complete discovery is needed.
9. In November 2021, Co-lead Counsel Thomas Babel joined the law firm of Davis,
Hartman & Wright, PLLC and is no longer representing Plaintiff in any matters.
10. In addition, effective January 1, 2021, the law firm of Forrest Firm, P.C. merged
with Michael Best & Friedrich, LLP, resulting in a further change of lead counsel on behalf of the
Plaintiff. Specifically, Co-lead Counsel, Beth A. Stanfield, has joined Michael Best’s Labor and
Employment Practice Group and will no longer be operating a commercial litigation practice.
11. Due to these staffing changes and the breakdown in the parties’ attempts to
negotiate a co-existence agreement prior to exchanging in a lengthy and expensive discovery
process, the undersigned believes additional time is needed to allow the parties sufficient time to
meaningfully participate in the discovery process.
12. Accordingly, the undersigned requests that the Scheduling Order [DE-57] deadlines
be extended as follows:
a. The deadline to complete fact discovery be extended to and including July 18, 2022.
b. The deadline for Plaintiff’s expert disclosures be extended to and including August
10, 2022.
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Case 5:21-cv-00251-BO Document 62 Filed 01/06/22 Page 2 of 4
c. The deadline for Defendants’ expert disclosures be extended to and including
August 30, 2022.
d. The deadline to complete expert depositions of experts be extended to and including
September 29, 2022.
e. The deadline to file any dispositive motions be extended to and including November
2, 2022.
13. This Motion is made in good faith and not for the purpose of delay or any other
improper purpose.
14. Pursuant to Local Rule 6.1, the undersigned certifies that Defendants’ Counsel has
been consulted regarding the relief requested herein and Defendants consent to the requested
extension.
15. A proposed order is submitted contemporaneously with the filing of this Motion.
RESPECTFULLY SUBMITTED this the 6th day of January, 2022.
/s/ Beth A. Stanfield
Beth A. Stanfield (N.C. State Bar No. 36296)
Laura K. Greene (N.C. State Bar No. 47771)
FORREST FIRM, P.C.
105 Grace Street, Suite 101
Wilmington, NC 28401
T/F: (336) 275 - 6344
Beth.stanfield@forrestfirm.com
katie.greene@forrestfirm.com
Attorneys for Plaintiff
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Case 5:21-cv-00251-BO Document 62 Filed 01/06/22 Page 3 of 4
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that the foregoing MOTION TO AMEND
SCHEDULING ORDER has been filed with the Clerk for the United States District Court,
Eastern District of North Carolina, using the electronic filing system of the Court. The electronic
case filing system will send a “Notice of Electronic Filing” to all attorneys of record who have
consented to accept service by electronic means.
This the 6th day of January, 2022.
/s/ Beth A. Stanfield
Beth A Stanfield
Laura K. Greene
Attorneys for Plaintiff
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Case 5:21-cv-00251-BO Document 62 Filed 01/06/22 Page 4 of 4
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