Fatemi v. White et al

Filing 89

ORDER vacating 57 Order allowing the amended answer. The 59 Motion for Reconsideration is denied on the merits. The motion for leave to file the amendment is granted 56 . The parties' joint report on a proposed schedule for accomplishi ng this addtl discovery is due by 12/10/12. Defts will bear the costs of r eopening any deposition taken between 7/1/12 and 10/23/12. Defts' motion for partial summary judgment is denied without prejudice to renewal after the addtl discovery is done. Signed by Judge D. P. Marshall Jr. on 12/4/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

NASRIN FATEMI

v.

PLAINTIFF

Case No. 4:11-cv-458-DPM

CHARLES WHITE, in his official
capacity; JAMES CLARDY, in his
individual and official capacities;
DEBRA FISER, in her individual
and official capacities; JOHN DAY,
in his individual and official capacities;
UNIVERSITY OF ARKANSAS FOR
MEDICAL SCIENCES; and
UNIVERSITY OF ARKANSAS SYSTEM

DEFENDANTS

ORDER
The Court's 30 October 2012 text Order-allowing the amended answer,
Document No. 57, is therefore vacated. With the benefit of full briefing and

oral argument, the Court concludes that Defendants have shown good cause
for their second amended answer, Document No. 58, to stand. Fatemi' s motion
to reconsider, Document No. 59, is therefore denied on the merits; Defendants'
motion for leave to file the amendment, Document No. 56, is granted. The
Court stated its reasons on the record at the end of the hearing.

Discovery, limited to the after-acquired evidence defense, is reopened
for a reasonable period. The parties' joint report on a proposed schedule for
accomplishing this additional discovery is due by 10 December 2012.
Defendants will bear the costs of reopening any deposition taken between
1 July 2012 and 23 October 2012 to explore the after-acquired defense.
Defendants' motion for partial summary judgment based solely on that
defense, Document No. 76, is denied without prejudice to renewal after the
additional discovery is done. Defendants will, as they've pledged, make all
witnesses within their control with knowledge about the defense available as
soon as possible. The Court, and the parties, want and intend to hold the
February trial date. But if that turns out not to be practicable, then the Court
will, at Dr. Fatemi's election, grant a short continuance to a mutually
convenient date sooner rather than later. The current scheduling order
remains in place. Briefing on the main motion for summary judgment,
Document No. 73, and on the motion for sanctions, Document No. 69, will stay

on track.
So Ordered.

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~~;z:.
D.P. Marshall Jr.
United States District Judge

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