Nelson v. Clermont County Veterans' Service Commission

Filing 86

ORDER that plaintiff re-draft her second amended complaint in accordance with the R&R filed this date and file that as a "Notice" of her tendered pleading on or before 9/21/12; defendant's time to answer shall not begin to run until or unless the presiding district judge adopts the R&R filed this date; defendant's motion to extend the dispositive motion deadline (Doc. 84) is GRANTED. The Court will set new dispositive motion deadline, discovery and status deadlines after the R&R and any objections concerning the deposition of Mr. Bare are ruled on by District Judge Weber. Signed by Magistrate Judge Stephanie K. Bowman on 9/10/12. (jl1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
KRISTAN D. NELSON,

Case No. 1:11-cv-335

Plaintiff,

Weber, J.
Bowman, M.J.

v.

CLERMONT COUNTY VETERANS
SERVICE COMMISSION, et al.,
Defendants.

ORDER
Defendant has, to date, filed three separate motions to dismiss, two of which are
addressed in a Report and Recommendation (R&R) filed this day. Partially in response
to Defendant’s second motion to dismiss, Plaintiff moved for leave to file a second
amended complaint, which motion is also addressed (with a recommendation to grant in
part) in the R&R filed herewith. Last, Defendant, with Plaintiff’s consent, has filed a
motion to vacate the dispositive motion deadline.
The record reflects that discovery has proceeded in a somewhat halting fashion,
due in part to disputes concerning the proposed deposition of defense counsel, and the
undersigned’s grant of a protective order concerning that deposition as well as the
deposition of a key witness. (See Docs. 59, 60). Plaintiff has filed objections to the
latter order (Doc. 62), and the presiding district judge has scheduled a hearing on those
objections for October 4, 2012.

Nevertheless, the record presently reflects the

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expiration of the discovery deadline on August 31, 2012, with status reports due on
September 17, 2012, and a current dispositive motion deadline of October 1, 2012.
(Doc. 47). Trial is presently scheduled for January 2013.
If the R&R filed this day is adopted and Plaintiff is permitted to further amend her
complaint, and further depending on the hearing to be held before the presiding district
judge on October 4, it is possible that additional discovery will be permitted and the trial
date may be moved. In order to avoid further potential delays that may be occasioned
by the recommended late filing of a second amended complaint, IT IS ORDERED
THAT:
1. Plaintiff shall re-draft her second amended complaint in accordance with the
R&R filed this day, and shall file that tendered complaint as a “Notice” of her tendered
pleading on or before September 21, 2012.
2. Defendant’s time to answer or respond to the second amended complaint
shall not begin to run until or unless the presiding district judge adopts the R&R filed this
day and orders the tendered second amended complaint to be filed;
3. Defendant’s motion to extend the dispositive motion deadline (Doc. 84) is
GRANTED. The present dispositive motion deadline of October 1, 2012 is vacated, as
is the September 17, 2012 deadline for filing status reports;
4. The Court will set new deadlines, including a new deadline for discovery on
new matters alleged in the second amended complaint, after United States District
Judge Herman J. Weber rules upon both the R&R filed this day, and the objections
concerning the deposition of Mr. Bare.

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s/ Stephanie K. Bowman
Stephanie K. Bowman
United States Magistrate Judge

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