T.C. v. LIFESouth Community Blood Centers, Inc.

Filing 52

ORDER: Accordingly, for good cause shown, the Amended Motion to Extend Discovery Deadline (Doc. 49 ) is GRANTED with modifications. The Scheduling Order (Doc. 23 ) is AMENDED as follows: Motions due by 12/8/2020; Mediation Notice due by 12/23/20 20; Discovery due by 11/3/2020 as further set out. Otherwise, the Scheduling Order (Doc. 23 ) remains unchanged. However, the Court notes that the pretrial conference is currently set for February 16, 2021, with a March 2021 trial term to follow. T he parties are put on notice that those dates may be changed, if necessary, to accommodate briefing on any dispositive motions and provide the Court adequate opportunity for review. Additionally, Plaintiff's initial Motion to Extend Discovery Deadline (Doc. 48 ), which is still pending on the docket, is DENIED as moot. Signed by Honorable Judge Terry F. Moorer on 9/10/2020. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
THOMAS CASH,
Plaintiff,
v.
LIFESOUTH COMMUNITY BLOOD
CENTERS, INC.,
Defendant.

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CIV. ACT. NO. 2:18-cv-936-TFM-SMD

ORDER
Pending before the Court is Plaintiff’s Amended Motion to Extend Discovery Deadline
(Doc. 49, filed 9/1/20),1 in which Plaintiff seeks to extend certain deadlines set out in the
Scheduling Order, as previously amended. See Docs. 23, 29, 38, 39, 44. Plaintiff asserts that the
parties have been working diligently to depose all necessary witnesses in this case but have
encountered travel and other delays related to the ongoing Covid-19 pandemic. Plaintiff asserts
that additional time is needed to complete discovery and requests a sixty (60)-day extension of the
discovery period. Plaintiff also seeks an extension of the deadline for filing dispositive/Daubert
motions but does not seek any other extensions.
Defendant responded (Doc. 51, filed 9/4/20). Defendant does not overtly oppose the
motion but indicates that Plaintiff requested several last-minute depositions. Defendant also
appears to indicate that, as a result, filing dispositive and/or Daubert motions by the current
deadline would be difficult.

1

Plaintiff filed an initial Motion to Amend Discovery Deadline on August 31, 2020 (Doc. 48).
Plaintiffs filed the amended motion the following day seeking the same relief.
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Accordingly, for good cause shown, the Amended Motion to Extend Discovery Deadline
(Doc. 49) is GRANTED with modifications.2 The Scheduling Order (Doc. 23) is AMENDED
as follows:
SECTION 2: Dispositive Motions. Dispositive motions, e.g., motions for summary
judgment, shall be filed no later than December 8, 2020. A brief and all supporting evidence shall
be filed with any such motion. In all briefs filed by any party relating to the motion, the discussion
of the evidence in the brief must be accompanied by a specific reference, by page and line, to
where the evidence can be found in a supporting deposition or document. Failure to make such
specific reference may result in the evidence not being considered by the court.
Daubert motions shall be filed on or before the above dispositive motions deadline, unless
the deadline is modified by the court upon motion of a party demonstrating good cause.
SECTION 3: The Parties’ Settlement Conference. No later than December 18, 2020,
counsel for all parties shall conduct a face-to-face settlement conference at which counsel shall
engage in good faith settlement negotiations. If settlement cannot be reached, counsel shall also
discuss whether mediation will assist the parties in reaching settlement. Not more than FIVE (5)
DAYS after this conference, counsel for the plaintiff shall file a pleading titled “Notice Concerning
Settlement Conference and Mediation.” This pleading shall indicate whether settlement was
reached and, if not, whether the parties believe mediation or a settlement conference with the
presiding judge will assist them in resolving this case short of trial.
SECTION 7: Discovery Cutoff. All discovery shall be completed on or before
November 3, 2020, except that, as to any witnesses whose names are not revealed until the last
day allowed under SECTION 9 or whose names are not revealed with sufficient time for the other
parties to take a deposition prior to the pretrial conference, the opposing party shall have the
deadline in this paragraph extended to allow for deposing such witnesses
Otherwise, the Scheduling Order (Doc. 23) remains unchanged. However, the Court notes
that the pretrial conference is currently set for February 16, 2021, with a March 2021 trial term to
follow.

The parties are put on notice that those dates may be changed, if necessary, to

accommodate briefing on any dispositive motions and provide the Court adequate opportunity for
review.

2

The parties’ settlement conference deadline was October 20, 2020, which falls within the
extended discovery period requested by Plaintiff. Therefore, the Court has sua sponte reset that
deadline.
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Additionally, Plaintiff’s initial Motion to Extend Discovery Deadline (Doc. 48), which is
still pending on the docket, is DENIED as moot.
DONE and ORDERED this 10th day of September 2020.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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