Andrews v. CBOCS West, Inc. et al

Filing 45

ORDER GRANTING in part and DENYING in part 34 Plaintiff Ruth Andrews' Motion to Strike: pursuant to Fed. R. Civ. P. 37(c), the Court has reopened limited Discovery for the remedial purposes outlined in the attached Order. As such, Ms. Andrews ' Motion to Strike (Doc. 34 ) is GRANTED in part, as applied to Evelyn Lee and Opal Smith whose Declarations SHALL be STRICKEN from the record (Docs. 32-4 and 32-6). The Motion to Strike is DENIED in part, as applied to Cindy Shields whose Decl aration SHALL stand; and, as it applies to Kenneth Aggers, Mary Crites and Bryan Weaver, the Motion to Strike is DENIED, with the following conditions: Ms. Andrews is given until Friday, April 15, 2011, to Depose Aggers, Crites and Weaver. Ms. Andrews has until Friday, April 22, 2011, to file a Supplemental Response Brief to Cracker Barrels pending Motion for Summary Judgment (Doc. 27). This Supplemental Response Brief SHALL NOT exceed ten (10) pages in length. Defendant CBOCS West, Inc . (d/b/a Cracker Barrel), may file a Supplemental Reply Brief, on or before Friday, April 29, 2011. Ms. Andrews SHALL bear the costs associated with the deposition of Kenneth Aggers; and, pursuant to FED. R. CIV. P. 37(c)(1)(A), Cracker Barrel SHALL bear the costs associated with the depositions of Mary Crites and Bryan Weaver. Because of the above-noted deadline extensions, for the purpose of limited additional discovery, the Presumptive Trial Month must be CONTINUED. After coordinating with District Judge Stiehl, the Final Pretrial Conference is hereby RESET for Wednesday, June 1, 2011, at 11:00 a.m., and the Presumptive Trial Month is now July 2011. Signed by Magistrate Judge Stephen C. Williams on 2/23/2011. (ehb)