Shepard v. The Cleveland School District et al

Filing 53

ORDER denying 42 Motion for Discovery to Deem Request for Admissions Admitted. Signed by Magistrate Judge Jane M. Virden on 3/15/18. (bfg)

IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
SHERRY SHEPARD, AS NEXT AND
BEST FRIEND OF J.S., A MINOR
VS.

PLAINTIFF
CIVIL ACTION NO. 4:17-CV-00091-DMB-JMV

THE CLEVELAND SCHOOL DISTRICT,
STEVEN CRADDOCK, in his individual capacity, DR.
JACQUELYN THIGPEN, in her individual
and official capacity

DEFENDANTS

______________________________________________________________________________
ORDER ON MOTION TO DEEM REQUEST FOR ADMISSIONS ADMITTED
______________________________________________________________________________
This matter is before the Court on Defendant Cleveland School District’s Motion to Deem
Request for Admissions Admitted. The Court, having considered the motion and briefing, finds
that the motion is not well taken and should be DENIED.
Counsel for the Defendants has cited, to support its motion, case law handed down in
several Federal District Courts for other states, as there is no case law, presently, in this District or
the Fifth Circuit to support the motion. However, there is, in support of Plaintiff’s position, a
District Court decision on this issue in this state, Miller v. Seigen 7 Dev., LLC, No. 5:13cv278DPJ-FKB, 2014 U.S. Dist. LEXIS 126574 (S.D. Miss. Sep. 10, 2014).1
Upon review of the relevant rules and case law, the Court is of the opinion that the analysis
and ruling of Judge Jordan is meritorious and adopts that approach in this case.

1

Although decisions of other District Courts are not binding on this Court, the Court may adopt the opinion of another
District Court, should it find the opinion persuasive, in the absence of controlling precedence. Noatex Corp. v. King
Constr. of Houston, LLC, No. 3:11CV152-SAA, 2013 WL 12241279, at *2 (N.D. Miss. Feb. 13, 2013).

THEREFORE Defendant’s Motion to Deem the Requests for Admissions Admitted is
hereby DENIED.
THE COURT FURTHER ORDERS the Defendant to serve the subject requests for
admissions accordingly.
SO ORDERED this the 15th day of March, 2018.
/s/ Jane M. Virden
U.S. MAGISTRATE JUDGE