TILYARD v. O'REILLY AUTO PARTS, INC.

TILYARD v. O'REILLY AUTO PARTS, INC.

Plaintiff:	JONATHAN D. TILYARD
Defendant:	O'REILLY AUTO PARTS, INC.
Case Number:	1:2011cv00236
Filed:	March 24, 2011
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Randolph
Presiding Judge:	UNASSIGNED
Presiding Judge:	P. TREVOR SHARP
Nature of Suit:	Other Personal Injury
Cause of Action:	Diversity
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 24, 2012	Filing 33 MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE L. PATRICK AULD on 10/24/2012; that Defendant's Motion for Sanctions and Submission to the Court Relating to Fees and Costs (Docket Entry 26 ) be granted in part and denied in part, in t hat the Court: 1) should order Plaintiff to pay Defendant $1,368.00 for the reasonable expenses incurred by Defendant in connection with its Second Motion to Compel (Docket Entry 23 ), pursuant to Federal Rules of Civil Procedure 37(a)(5)(A) an d consistent with the Court's prior Order (see Docket Entry 25 at 7); 2) should sanction Plaintiff, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), for failing to timely produce the Phonebook as ordered (see Docket Entry 25 at 7) by prohibiting him from utilizing it to make out his case-in-chief and by expressly warning him that any further violation of court orders or the applicable rules will lead to more serious sanctions, up to and including dismissal; and 3) should order, pursuant to Federal Rule of Civil Procedure 37(b)(2)(C), that Plaintiff pay the reasonable expenses, including attorney's fees, Defendant incurred in bringing the instant Motion. (Israel, Lisa)
March 16, 2012	Filing 25 MEMORANDUM OPINION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 3/16/2012, that Defendant's Second Motion to Compel (Docket Entry 23 ) is GRANTED in that: (1) on or before March 23, 2012, Plaintiff s hall supplement its Answers to Defendant's First Set of Interrogatories and First Request for Production of Documents to include the documents identified by Defendant in Defendant's Second Motion to Compel; (2) Plaintiff shall pay Defendant 's reasonable expenses incurred in making its Second Motion to Compel, including attorney's fees; (3) on or before March 30, 2012, Defendant shall serve Plaintiff with a statement of the reasonable expenses, including attorney's fees, arising from Defendant's Second Motion to Compel; (4) if Plaintiff contests the reasonableness of any such expenses, it shall file, on or before April 15, 2012, a memorandum of not more than five pages explaining its position along with a certif ication that Plaintiff has attempted to confer in good faith with Defendant about that subject; (5) on or before April 30, 2012, Defendant may file a response of not more than five pages to Plaintiff's foregoing memorandum; and (6) on or before May 7, 2012, Plaintiff may file a reply of not more than five pages to any such response by Defendant. FURTHER, that Defendant's Second Motion to Extend the Deadline to Complete Discovery and Mediation (Docket Entry 21 ) is GRANTED in that the Parties shall have until April 16, 2012, to complete discovery and mediation and that, as a result, the Clerk shall remove this case from the July 2012 Master Calendar and shall place it on the next available trial setting. (Lloyd, Donna)

Date Filed

Document Text

October 24, 2012

Filing 33 MEMORANDUM OPINION AND RECOMMENDATION signed by MAG/JUDGE L. PATRICK AULD on 10/24/2012; that Defendant's Motion for Sanctions and Submission to the Court Relating to Fees and Costs (Docket Entry 26 ) be granted in part and denied in part, in t hat the Court: 1) should order Plaintiff to pay Defendant $1,368.00 for the reasonable expenses incurred by Defendant in connection with its Second Motion to Compel (Docket Entry 23 ), pursuant to Federal Rules of Civil Procedure 37(a)(5)(A) an d consistent with the Court's prior Order (see Docket Entry 25 at 7); 2) should sanction Plaintiff, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A), for failing to timely produce the Phonebook as ordered (see Docket Entry 25 at 7) by prohibiting him from utilizing it to make out his case-in-chief and by expressly warning him that any further violation of court orders or the applicable rules will lead to more serious sanctions, up to and including dismissal; and 3) should order, pursuant to Federal Rule of Civil Procedure 37(b)(2)(C), that Plaintiff pay the reasonable expenses, including attorney's fees, Defendant incurred in bringing the instant Motion. (Israel, Lisa)

March 16, 2012

Filing 25 MEMORANDUM OPINION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 3/16/2012, that Defendant's Second Motion to Compel (Docket Entry 23 ) is GRANTED in that: (1) on or before March 23, 2012, Plaintiff s hall supplement its Answers to Defendant's First Set of Interrogatories and First Request for Production of Documents to include the documents identified by Defendant in Defendant's Second Motion to Compel; (2) Plaintiff shall pay Defendant 's reasonable expenses incurred in making its Second Motion to Compel, including attorney's fees; (3) on or before March 30, 2012, Defendant shall serve Plaintiff with a statement of the reasonable expenses, including attorney's fees, arising from Defendant's Second Motion to Compel; (4) if Plaintiff contests the reasonableness of any such expenses, it shall file, on or before April 15, 2012, a memorandum of not more than five pages explaining its position along with a certif ication that Plaintiff has attempted to confer in good faith with Defendant about that subject; (5) on or before April 30, 2012, Defendant may file a response of not more than five pages to Plaintiff's foregoing memorandum; and (6) on or before May 7, 2012, Plaintiff may file a reply of not more than five pages to any such response by Defendant. FURTHER, that Defendant's Second Motion to Extend the Deadline to Complete Discovery and Mediation (Docket Entry 21 ) is GRANTED in that the Parties shall have until April 16, 2012, to complete discovery and mediation and that, as a result, the Clerk shall remove this case from the July 2012 Master Calendar and shall place it on the next available trial setting. (Lloyd, Donna)

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Plaintiff: JONATHAN D. TILYARD
Represented By:	NORMAN B. SMITH
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Defendant: O'REILLY AUTO PARTS, INC.
Represented By:	CHRISTOPHER ANDREW PAGE
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