Smith et al v. Lexington-Fayette Urban County Government et al

Filing 27

MEMORANDUM OPINION & ORDER: (1) LFUCG's 26 MOTION for Leave to File Amended Answer to Complaint is GRANTED; (2) Clerk to FILE tendered Amended Answer to Amended Complaint in the record of this matter; (3) w/in 21 days from date of service of t his Order, parties, by counsel, shall meet to discuss claims & defenses & possibilities for prompt settlement or resolution of case, arrange for disclosures & develop a proposed discovery plan; (4) file joint status report 10 days after meeting. Signed by Judge Joseph M. Hood on 01/08/2010.(RJD)cc: COR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON EUGENE SMITH, et al., Plaintiffs, v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, et al., Defendants. ** ** ) ) ) ) ) ) ) ) ) ) ) **

Civil Action No. 5:08-183-JMH

MEMORANDUM OPINION AND ORDER

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This matter is before the Court on Defendant Lexington-Fayette Urban County Government's (hereinafter, "LFUCG") Motion for Leave to File an Amended Answer to the Amended Complaint [Record No. 26] in this matter pursuant to Fed. R. Civ. P. 15(a)(2). No response

is yet due, but the Court finds that it is adequately advised as to this motion on the pleadings filed to date. Fed. R. Civ. P. 15(a)(2) provides that "the court should freely give leave when justice so requires." In this instance,

Defendant seeks leave to amend its Answer to raise additional affirmative defenses which may now be applicable as a result of the resolution of certain federal criminal proceedings against

Plaintiff Eugene Smith and a related civil forfeiture action against certain property. In other words, this amendment is

intended to make Defendant's answer reflect events that have -1-

occurred since the filing of the Defendant's original answer. Having carefully considered the matter, it is clear that an amendment at this time will not prejudice the opposing parties, particularly as discovery has yet to commence, and leave to amend should be granted. The Court being adequately advised, IT IS ORDERED: (1) that LFUCG's Motion for Leave to File an Amended Answer

to the Amended Complaint [Record No. 26] shall be, and the same hereby is, GRANTED and (2) that the Clerk shall FILE the tendered Amended Answer to

the Amended Complaint in the record of this matter. Pursuant to Fed. R. Civ. P. 16 and 26, IT IS FURTHER ORDERED as follows: (3) that within twenty-one (21) days from the date of service

of this Order, the parties, by counsel, shall meet, either in person or by telephone, to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Fed. R. Civ. P. 26(a)(1), as amended December 1, 2007, and to develop a proposed discovery plan. 26(f), as amended December 1, 2007. (4) that within ten (10) days after the meeting the parties See Fed. R. Civ. P.

shall file a joint status report containing: (a) the discovery plan; -2-

(b)

the parties' estimate of the time necessary to file pretrial motions;

(c)

the parties' estimate as to the probable length of trial;

(d) (e)

the dates mutually convenient for trial; and the parties' decision as to whether the action may be referred to a United States magistrate judge for trial pursuant to 28 U.S.C. §636(c).

Counsel may utilize Form 35, Fed. R. Civ. P.(App.) as the form of the joint status report. Each party is directed to advise the

Court at the time of the submission of the joint report of all parent corporations, subsidiaries, affiliates, members and/or

partners with which it is associated. This the 8th day of January, 2010.

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