NORTH CAROLINA                                                             IN THE GENERAL COURT OF JUSTICE

                                                                                                            SUPERIOR COURT DIVISION

GUILFORD COUNTY                                                                                   99 CVS 999999

 

 JOHN DOE,                                                               )
                                                                                    )
            Plaintiff,                                                            )
                                                                                   
)

     
v.                                                                           )           CASE MANAGEMENT ORDER

                                                                                   
)
FICTIONAL DEFENDANT, L.L.C.,                          )
           
                                                                        )

  
         Defendant.                                                        )

 

THIS MATTER is before the Court pursuant to defendant's motion for a case management conference. This case has been designated as an exceptional case pursuant to Rule 2.1 of the General Rules of Practice. The parties have conferred in advance and have agreed that the Court should enter an Order covering scheduling and case management issues in order to facilitate the fair and efficient disposition of this action.

THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that:

I.          SCOPE OF ORDER

A.        General Scope of Order

This order establishes certain procedures to be used and sets deadlines for various matters likely to arise through trial. It shall remain in effect until rescinded by the Court or superseded by subsequent orders. The North Carolina Rules of Civil Procedure, the General Rules of Practice for the Superior and District Courts, and the Local Rules for the North Carolina Business Court shall govern all matters not expressly covered by this Order.

B.         Application of Order

This Order, as well as any subsequent case management orders entered by the Court, shall bind all parties to this action and all parties added hereafter unless the Court orders to the contrary.

C.        Modification of this Order

The Court may amend or supplement this Order as deemed appropriate by the

Court upon the motion of any party or by the Court.

 II.         COMMUNICATION WITH THE COURT AND AMONG THE PARTIES

A.        The parties are represented locally by the following: (hereinafter "Liaison Counsel"): 

1.         __________________, of _________________, PLLC, representing John Doe;

2.         __________________, of _________________, representing Fictional Defendants, L.L.C.

B. The Court will communicate with counsel and counsel shall have the responsibility for notifying all parties that it represents of all communications from the Court.

C. All communications with the Court, including a copy of any paper, pleading, order or proposed order, and all exhibits, attachments or enclosures thereto filed in this action must also be sent to Judge at the following address:

The Honorable Ben F. Tennille
Special Superior Court Judge for Complex Business Cases
Greensboro, NC 27401
Telephone 336-334-5252
Telecopier 336-334-5162

Any communication with this Court may also be f~led by electronic mail at the following address:

    info@ncbusinesscourt.net

            Any communication filed by electronic mail automatically will be served on all parties equipped to receive electronic mail

D.        A. copy of any paper, pleading, order or proposed order, including all attachments or enclosures, or any other written or electronic communication with the Court, whether filed or nor filed, generated by counsel for any party must be delivered, e‑mailed or telecopied to counsel for the other party or parties at least five (5) business days before any scheduled hearing on a matter to which such documents relate.

III.       JURISDICTION, VENUE AND AMENDMENTS TO PLEADINGS 

A.        This Court has subject matter jurisdiction over the disputes raised in this action.

B.        All of the defendants have been properly served with the summons and complaint, and the Court has personal jurisdiction over each of the parties.

C.        Venue is proper in this action.

IV.       ISSUES, DISCOVERY, MOTIONS AND TRIAL

A.        Merits Discovery

At a hearing on June 14, 1999, the Court heard discussion and arguments of counsel regarding discovery in this case. Having considered the record and arguments of counsel, the Court hereby incorporates into this Case Management Order the following provisions regarding discovery on the merits:

The parties shall have until _______________, 1999 to conduct fact discovery on the merits issues. There will be a subsequent 60 day period for discovery of expert witnesses, if necessary. The additional 60 day period is reserved solely for discovery of expert witnesses, and shall not apply if expert discovery is unnecessary. The parties are instructed to conduct fact discovery first, then move on to expert witness discovery. It is further ordered that the setting of the _______________, 1999 deadline will not limit any party from filing summary judgment motions as to merits issues during the period, but any such motions should be very narrowly drawn so as to address only issues on which fact discovery has been completed. If there are still motions pending after the discovery period, the Court will set a briefing schedule at that time.

B.        The following further limitations and guidelines are hereby placed on discovery:

1.         Depositions shall be conducted in accordance with the following guidelines:

(a)       All parties or employees will be made available for deposition on five days notice to counsel.

(b)       Depositions shall be taken subject to the usual and customary stipulations applicable to depositions in this jurisdiction, a copy of which are attached hereto as Exhibit A.

(c)       Counsel shall not direct or request that a witness not answer a question, unless counsel has objected to the question on the ground that the answer is protected by privilege or a limitation on evidence directed by the Court.

(d)       Counsel shall not make objections or statements which might suggest an answer to a witness. Counsel's statements when making objections should be succinct, stating the basis of the objection and nothing more.

(e)       Counsel and their witness‑clients shall not engage in private, off­ the‑record conferences while the deposition is proceeding in session, except for the purpose of deciding whether to assert a privilege.

(f)        Deposing counsel shall provide to the witness's counsel a copy of all documents shown to the witness during the deposition. The copies shall be provided either before the deposition begins or contemporaneously with the showing of each document to the witness. The witness and the witness's counsel do not have the right to discuss documents privately before the witness answers questions about them.

2.         The parties may conduct only that discovery specifically provided for in this order.

3.         No extensions of time shall be granted without written consent of the opposing party or by Order of the Court.

C.        Protective order

The parties shall submit to the Court any proposed protective orders by ___________, 1999.

D.        Choice of Law

The law of the State of shall govern all substantive and procedural issues in this case.

E.         Any dispositive motions relating to the defendant's liability must be filed no later than ______________, l999.

            SO ORDERED, this the ___ day of June, 1999.

 

___________________________
The Honorable Ben F. Tennille
Special Superior Court Judge
For Complex Business Cases