Ryans v. Whatley et al

Filing 29

ORDER: Dougherty County School District is added as a defendant. Present defense counsel who also represents Dougherty County School District, stipulated that Dougherty County School District has been sufficiently served. The individual Defendants answer shall stand as an answer for Dougherty County School District. However, Dougherty County School District may file additional responsive pleadings within 20 days of the entry of this Order. It is further ordered that the Plaintiff shall suppl ement her complaint by July 29, 2011 to allege with particularity any claims she asserts under Georgia law and the individual(s) against whom those claims are asserted. The Court cautions the Plaintiff that she must have a sufficient factual and legal basis for such claims. Absent an appropriate supplemental complaint, the individual Defendants will be dismissed in accordance with the Parties agreement at the discovery conference. Ordered by Judge Marc Thomas Treadwell on 7/15/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

RHONDA A. RYANS,
Plaintiff,
v.
DR. SALLY WHATLEY, et al.,
Defendants.

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CIVIL ACTION NO. 1:11-CV-46(MTT)

ORDER
The Court convened a discovery conference in this matter on July 7, 2011. At
the conference, the Parties agreed that the current individual Defendants are not the
proper parties to respond to the Plaintiff’s claims based on federal law. Accordingly, the
Parties further agreed that the Dougherty County School District should be substituted
for the individual Defendants and the individual Defendants should be dismissed.
However, the Plaintiff’s Complaint arguably attempts to set forth state law claims
against some of the individual Defendants, but does not contain sufficient allegations to
state such claims.
Accordingly, and with the consent of the Parties, Dougherty County School
District is added as a defendant. Present defense counsel Franklin Coleman, IV, who
also represents Dougherty County School District, stipulated that Dougherty County
School District has been sufficiently served. The individual Defendants’ answer shall
stand as an answer for Dougherty County School District. However, Dougherty County
School District may file additional responsive pleadings within 20 days of the entry of

this Order. It is further ordered that the Plaintiff shall supplement her complaint by July
29, 2011 to allege with particularity any claims she asserts under Georgia law and the
individual(s) against whom those claims are asserted. The Court cautions the Plaintiff
that she must have a sufficient factual and legal basis for such claims. Absent an
appropriate supplemental complaint, the individual Defendants will be dismissed in
accordance with the Parties’ agreement at the discovery conference.
SO ORDERED, this 15th day of July, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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