Legal Postings: Declaratory Judgment in the State of North Carolina

Yesterday afternoon, Magistrate Judge David Keesler issued his Report and Recommendations (Doc 39) with respect to the four motions pending in USAPA’s declaratory judgment action before the United States District Court for the Western District of North Carolina (3:14-cv-577-RJC-DCK).

After USAPA commenced this action, defendants Roger Velez and Leonidas LLC removed this case (which USAPA originally filed in North Carolina state court) to federal court, and then asserted various procedural defenses to the complaint, including that the Court lacked jurisdiction over Velez and Leonidas. In response, USAPA demanded discovery of Velez and Leonidas, which was vehemently opposed by the defendants. USAPA also moved to amend its complaint during the course of this litigation, which was also opposed by the defendants.

The Magistrate found in USAPA’s favor, ruling that the discovery sought by USAPA is necessary in order to address the remaining motions, and that an amendment to USAPA’s complaint was appropriate in this case. All other motions were denied without prejudice because the Court concluded that discovery must be completed before the denied motions could be addressed. Under the Federal Rules of Civil Procedure, the parties have a period of time in which they may file objections to the Magistrate Judge’s Recommendations, which will be considered by the District Court Judge in deciding whether to adopt, modify, or reject the Magistrate Judge’s findings and conclusions.

Set forth below is the schedule drawn up by the Magistrate Judge for discovery and the filing of objections.    

  • Deadline for the parties to submit objections to the Magistrate Judge’s Report and Recommendations is April 16, 2015.
  • Deadline for service of jurisdictional discovery requests (10 interrogatories and 5 requests for document production to each defendant and their depositions) is April 17, 2015.
  • Jurisdictional discovery must be completed by May 29, 2015.
  • Deadline for USAPA to file its amended complaint is June 10, 2015 (but it must be filed after the completion of jurisdictional discovery).


The following Declaratory Judgment in the State of North Carolina documents are now available in the Legal Library:

We will keep you apprised of further developments and filings in this matter.

Thank you and happy holidays to all,

USAPA Communications

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