Williams v. Department of Public Safety - State of North Carolina - State Highway Patrol et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:23-cv-00366-MR-WCM
JONATHAN DANIEL WILLIAMS, )
)
Plaintiff, )
) ORDER
v. )
)
DEPARTMENT OF PUBLIC SAFETY – )
STATE OF NORTH CAROLINA – )
STATE HIGHWAY PATROL; )
RANDY L. DEATON,
Captain; )
BRANDON S. SMITH,
Lieutenant; )
HAROLD F. STINES; )
AARON C. AMMONS,
Sergeant; and )
CHRISTOPHER W. COOK,
Sergeant; )
)
Defendants. )
______________________________________ )
This matter is before the Court on a Motion (Doc. 15) filed by Plaintiff
Jonathan Daniel Williams (the “Pro Se Litigant”) and attorney Allan R.
Tarleton. Having reviewed the court file and considered the Motion, the Court
is of the opinion that the Motion should be allowed and that this matter should
be referred to the Pro Se Settlement Assistance Program (the “Program”).
IT IS THEREFORE ORDERED THAT:
1. The Motion (Doc. 15) is GRANTED.
2. All parties to this action shall participate in a settlement conference
pursuant to the Program, and as directed by this Order, before
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undertaking any other measures with respect to this action.
3. Solely in connection with the Program, the Court APPOINTS Allan
R. Tarleton as Program Counsel for the limited purpose of assisting
Pro Se Litigant with the settlement conference and the procedures
associated with the Program. Program Counsel has no obligation to
conduct discovery, prepare or respond to any motions, participate in
the trial, or take any other measures on behalf of Pro Se Litigant in
this action.
4. The parties shall have fourteen (14) days from the entry of this Order
to designate a mediator who is certified in this district to preside over
a mediated settlement conference, and to file an appropriate Notice of
Designation of Mediator.
5. The parties shall hold a mediated settlement conference within sixty
(60) days from the entry of this Order. The conference will be governed
by the North Carolina Rules Implementing Statewide Mediated
Settlement Conferences, as adopted and amended by Local Civil Rule
16.3. The Mediator shall file with the Court a report describing the
result of the mediated settlement conference within five (5) days of
the conclusion of the conference.
6. If the Mediator’s Report states that the parties have reached an
agreement as to all issues, Program Counsel’s limited representation
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of Pro Se Litigant shall terminate upon the closing of the case through
an appropriate dismissal, provided that Program Counsel’s
representation shall not extend beyond thirty (30) days after the filing
of the Mediator’s Report absent further order of the Court. If the
Mediator’s Report states that the parties have not reached agreement
as to all issues or if the settlement conference concluded at an
impasse, Program Counsel’s limited representation of Pro Se Litigant
shall automatically terminate upon the filing of the Mediator’s
Report.
7. If, after the completion of the settlement conference, this matter is
not dismissed in its entirety, the parties shall conduct an Initial
Attorney’s Conference as specified in Local Rule 16.1 and file the
required Certification Form for reference by the Court in connection
with the entry of an appropriate pretrial order and case management
plan. Signed: July 17, 2024
Case 1:23-cv-00366-MR-WCM Document 16 Filed 07/17/24 Page 3 of 3