Easley v. Haywood et al

Filing 137

ORDER - pursuant to the status conference held with the parties on 3/29/2012, the court DIRECTS Plaintiff's counsel to continue its investigation of Plaintiff's pro se Motion for Preliminary Injunction and for Temporary Restraining Order [1 25] and to refile such motion if found to be of merit, for disposition by the Magistrate Judge. The Court similarly DIRECTS Defendants' Counsel to make it clear to his clients that no retaliation will be tolerated in relation to this matter. T he Court INSTRUCTS Plaintiff that as he is represented by counsel, the Clerk is directed to accept no further pro se motions. The Court further VACATES the previous schedule in this matter 120 and RESETS this matter according to the following sche dule: Discovery due by 5/1/2012. Dispositive Motions due by 6/1/2012. Final Pretrial Conference tentatively set for 8/23/2012 02:00 PM. Three-day Jury Trial set for 9/18/2012 09:30 AM on an on-deck basis. Signed by Judge S Arthur Spiegel on 3/29/2012. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
DAVID EASLEY,

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Plaintiff,
v.
GARY HAYWOOD, et al.,
Defendant.

NO. 1:08-CV-00601

OPINION AND ORDER

The parties met before the Court on March 29, 2012, for
a status conference in this matter.

The parties advised the Court

they will need more time to complete discovery, that they have been
discussing settlement, and discussed Plaintiff’s pro se Motion for
Preliminary Injunction and Temporary Restraining Order (doc. 125).
The Court VACATED the previous schedule in this matter (doc. 120),
and RESET this matter according to the schedule indicated below.
The

Court

further

DIRECTED

Plaintiff’s

counsel

to

continue its investigation of Plaintiff’s pro se Motion, and to
refile such motion if found to be of merit, for disposition before
the Magistrate Judge.

The Court similarly DIRECTED Defendants’

Counsel to make it clear to his clients that no retaliation will be
tolerated

in

relation

to

this

matter.

The

Court

INSTRUCTS

Plaintiff that as he is represented by counsel, the Clerk is
directed to accept no further pro se motions.

United States v.

Howton, 260 F.Appx. 813, 819 (6th Cir. 2008), United States v.
Martinez,

Nos.

06-3882/4206

at

p.

34

(6th

Cir.

December

1,

2009)(slip opinion).

The Court DENIES Defendant’s pro se Motion

(doc. 125) WITHOUT PREJUDICE to refiling by his Counsel, should
Counsel’s investigation show such motion should be refiled.
I
PROCEEDINGS FOR TRIAL
(A)

Discovery will be completed by May 1, 2012.
All
matters relating to discovery will be referred to
the United States Magistrate Judge to whom the case
has been assigned.

(B)

Any dispositive motions will be filed by June 1,
2012. Such motions must be filed by this date, and
any motions filed after this date may be subject to
a motion to strike. Parties are referred to Local
Rule 7.2, which restricts letters to the Court.
Correspondence with the Court should be by motion,
except as expressly permitted by the Rule.

(C)

A final pretrial conference has been tentatively
scheduled for August 23, 2012, at 2:00 P.M.

(D)

Trial has been tentatively scheduled for September
18, 2012, on an on-deck basis. On-deck trials will
be released late Thursday afternoon the week before
the scheduled trial date.

(E)

This is expected to be a three-day jury trial.

(F)

Any
proposed
jury
instructions,
jury
interrogatories, and/or special verdict forms are to
be submitted at least three (3) business days before
the trial date and must cite to all sources used.
In addition, the Court requests that the parties
submit such documents to the Chambers on a computer
disc that is compatible with WordPerfect version 8.0
or 10.0.

(G)

Exhibits are to be submitted ten days prior to
trial.

(H)

Any motions or entries for extensions of time must
recite the final pretrial date and trial date.

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II
ORDERING OF TRANSCRIPTS
Any request for daily copy of a trial should be made to the
Judge’s Court Reporter, at the time of the final pretrial
conference. Under no circumstances will the Judge allow a daily
transcript or an over-night transcript if daily copy is not
arranged in advance of trial.

III
STATUS REPORTS
It will not be necessary for counsel to advise the Court in
writing on the status of this case.

IV
ADDITIONAL CONFERENCES
If the need for the Court’s assistance arises, counsel may
make a joint appointment for additional conferences.

V
TRANSFERRAL
In accordance with Western Division Rule No. 1 and Rule 53,
Federal Rules of Civil Procedure, this matter may be transferred to
the United States Magistrate Judge for disposition or for him to
serve as Master.

SO ORDERED.

Dated: March 29, 2012

/s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge
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