Wanliss v. Continental Tire North America, Inc., No. 1:2009cv01853 - Document 26 (N.D. Ga. 2010)

Court Description: OPINION and ORDER. The court DIRECTS Plaintiff within 30 days from the date of this order to file claims for the additional four passengers and file a motion to consolidate. General discovery in this matter will end on 9/1/10. Expert discovery will end on 11/1/10. Plaintiff's motion for an extension of time indicated that there might be some difficulties between the parties on certain discovery matters. The court is available to hold a scheduling conference if Plaintiff believes it is stil l necessary in light of the changed circumstances noted above and Defendant's 25 response to Plaintiff's motion for an extension of time. The court GRANTS IN PART AND DENIES IN PART Plaintiff's 23 first motion forextension of time to complete discovery and GRANTS IN PART AND DENIES IN PART the parties' 24 joint motion to stay case. Signed by Judge J. Owen Forrester on 4/6/10. (bse)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION Ava Wanliss, Plaintiff, v. Continental Tire North America, Inc., Defendant. : : : : : : : : : : CIVIL ACTION NO. 1:09-cv-01853-JOF OPINION & ORDER This matter is before the court on Plaintiff s first m otion for extension of tim e to complete discovery [23] and the parties joint motion to stay case [24]. Plaintiff, Ava Wanliss, as surviving parent and adm inistratix for the Estate of Steven Campbell, filed suit against Defendant, Continental Tire North America, Inc., on May 21, 2009, in the State Court of Fulton County. Defendant rem oved the suit to this court on July 9, 2009. Steven Cam pbell was a passenger in a car involved in a single car accident on June 3, 2007. Steven Campbell died as a result of the accident. Also involved in the accident were the driver and four other passengers not including Steven Cam pbell. Plaintiff alleges that the accident was caused by defects in the car s tires. AO 72A (Rev.8/82) The parties have engaged in discovery and Plaintiff requested an extension of time for discovery. Shortly thereafter, the par ties jointly requested a stay for 60 days because Plaintiff s counsel had recently been retained by the four other passengers injured in the accident. The parties ask for the stay to allow Plaintiff s counsel timto file the four related e claims and a motion to consolidate. The court DIRECTS Plaintiff within thirty (30) days from date of this order to file the claims for the additional four passengers and file a motion to consolidate. General discovery in this matter will end on September 1, 2010. Expert discovery will end on November 1, 2010. Plaintiff s m otion for an extension of time indicated that there m ight be som e difficulties between the parties on certain discovery m atters. The court is available to hold a scheduling conference if Plaintiff believes it is still necessary in light of the changed circumstances noted above and Defendant s response to Plaintiff s m otion for an extension of time. The court GRANTS IN PART AND DENIES IN PART Plaintiff s first motion for extension of time to complete discovery [23] and GRANTS IN PART AND DENIES IN PART the parties joint motion to stay case [24]. 2 AO 72A (Rev.8/82) IT IS SO ORDERED this 6th day of April 2010. /s J. Owen Forrester J. OWEN FORRESTER SENIOR UNITED STATES DISTRICT JUDGE 3 AO 72A (Rev.8/82)