N P v. Williams

Filing 17

MEMORANDUM OPINION AND ORDER Both parties are ORDERED to file with the court two items by 4:30 p.m., 11/12/12: 1. A report on the current status of discovery. 2. Any proof by pla, or a concession by dft, which alleges that pla is the legal guardian of N.P., is true as set out. Signed by Judge William M Acker, Jr on 11/2/12. (KGE, )

FILED
2012 Nov-02 PM 02:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
N.P., by and through his
therapeutic foster parent,
advocate, and next friend,
L.S.,
Plaintiff,
v.
THE MIDFIELD CITY BOARD OF
EDUCATION,
Defendant.

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CIVIL ACTION NO.
11-AR-3463-S

MEMORANDUM OPINION AND ORDER
On August 14, 2012, this court entered an order confirming the
scheduling order entered on March 6, 2012.

The schedule provides

that pre-discovery disclosures must be exchanged by March 30, 2012,
and that all discovery shall be completed by October 31, 2012.
Nothing has been filed by which the court can know whether these
deadlines have been met, and, if so, what information discovery has
provided.

Although the scheduling order provides that potentially

dispositive motions must be filed by November 30, 2012, the court
voices the opinion that if there has been no discovery, there is no
reason for postponing dispositive motions, particularly if the case
is to be decided on the administrative record.

Both parties are

therefore ORDERED to file with the court two items by 4:30 p.m.,
November 12, 2012:
1.

A report on the current status of discovery.

2.

Any proof by plaintiff, or a concession by defendant,

paragraph 6 of the original complaint, which alleges that plaintiff
is the “legal guardian” of N.P., is true.
Unless plaintiff is, in fact and in law, “the legal guardian”
of N.P., the parties shall inform the court how plaintiff obtained
the appellation “therapeutic foster parent, advocate, and next
friend of N.P.”, and the significance of the said appellation for
the purposes of this suit.
DONE this 2nd day of November, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE