Ralston-Good et al v. The City of Chattanooga, Tennessee et al

Filing 19

ORDER granting 16 Motion to Continue. Signed by Magistrate Judge Susan K Lee on 11/25/13. (GRE, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
ROSEMARIE RALSTON-GOOD, et al.,

Plaintiffs,
v.
THE CITY OF CHATTANOOGA,
TENNESSEE, et al.,

Defendants.

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No. 1:13-cv-11-SKL

AMENDED SCHEDULING ORDER
Before the Court is a motion to continue [Doc. 16] filed by Plaintiffs, who seek to
continue all pretrial deadlines, as set in the scheduling order [Doc. 14], by three months. A
hearing on the motion to continue was held on November 20, 2013. Present at the hearing were
Attorney John C. Cavett, Jr. on behalf of Plaintiffs and Attorney Melinda J. Foster on behalf of
Defendants. Defendants do not oppose the motion so long as the trial date is also continued by
three months. By agreement of the parties and for good cause shown, the motion to continue
[Doc. 16] is GRANTED and the scheduling order is amended as follows:
1.

Disclosure and Discovery:

(a)
Expert Testimony: On or before February 6, 2014, Plaintiffs shall
provide to all other parties the disclosures required by Fed. R. Civ. P. 26(a)(2). Defendants shall
reciprocate on or before March 4, 2014. Such disclosures shall include any required written
report pursuant to Fed. R. Civ. P. 26(a)(2)(B), and/or any required statement pursuant to Fed. R.
Civ. P. 26(a)(2)(C). After the Defendants have disclosed their expert reports, Plaintiffs have
thirty (30) days to disclose any rebuttal experts, as provided in Fed. R. Civ. P. 26(a)(2)(D)(ii).
If at any time it appears that a Daubert hearing may be necessary to determine the
admissibility of expert testimony, the parties shall notify the Court at their earliest convenience
and prior to the dispositive motion deadline of the potential need for such a hearing.
(b)
Final Witness List: On or before June 18, 2014, the parties shall provide
to all other parties a final witness list in accordance with Fed. R. Civ. P. 26(a)(3)(A)(i). Within
five (5) days after service of this final witness list, the list may be supplemented. After that time,
the list may be supplemented only with leave of the court and for good cause.

(c)
All Discovery: All discovery undertaken pursuant to Fed. R. Civ. P. 26
through 37, including without limitation the taking of depositions "for evidence" and requests for
admissions, shall be completed by April 2, 2014.
(d)
Pretrial Disclosures: On or before April 29, 2014, the parties shall make
the pretrial disclosures specified in Fed. R. Civ. P. 26(a)(3)(A) (ii) and (iii). (Deposition
testimony and exhibit list). All deposition testimony to be offered into evidence must be
disclosed to all other parties on or before this date.
(e)
Courtroom Technology: At least five (5) days before the final pretrial
conference the parties shall disclose to one another and to the Court the technology they intend to
use in the courtroom during the trial and how they intend to use it (e.g., display equipment; data
storage, retrieval, or presentation devices). This disclosure shall list (1) equipment they intend to
bring into the courtroom to use, and (2) equipment supplied by the Court which the parties intend
to use. Further, the parties shall confirm the compatibility/viability of their planned use of
technology with the Court’s equipment. General information on equipment supplied by the
Court is available on the Eastern District of Tennessee website (www.tned.uscourts.gov).
Specific questions about Court-supplied equipment should be directed to the presiding judge’s
courtroom deputy (directory available on website).
2.

Other Scheduling Matters:

(a)
Joinder of Parties and Amendments to the Pleadings: If any party
wishes to join one or more additional parties or amend its pleadings, such joinder or motion for
leave to amend shall be filed by March 4, 2014.
(b)
Dispositive Motions: All dispositive motions under Fed. R. Civ. P. 12 and
all motions for summary judgment pursuant to Fed. R. Civ. P. 56 shall be filed as soon as
possible, but no later than April 15, 2014. The failure to timely file such motions will be
grounds to summarily deny them.
(c)
Motions in Limine: Any motions in limine must be filed no later than
June 5, 2014. Any response to a motion in limine will be due within five (5) days. Any reply
will be due within two (2) days after the response is filed.
(d)
Special Requests to Instruct for Jury Trial: Pursuant to Local Rule 51.1,
requests for jury instructions shall be submitted to the Court no later than June 5, 2014, and shall
be supported by citations of authority pursuant to Local Rule 7.4. A copy of the prepared jury
instructions
should
be
sent
as
an
electronic
mail
attachment
to
[e-mail].
3.

Final Pretrial Conference:

(a)
A final pretrial conference will be held in this case on June 20, 2014 at
2:00 p.m. before United States Magistrate Judge Susan K. Lee, Room 401 U.S. Courthouse, 900
Georgia Avenue, Chattanooga, Tennessee. All lawyers who plan to participate in the trial
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must be present in person at the final pretrial conference. The parties shall prepare and
submit a final pretrial order to the Court at least two business days prior to the final pretrial
conference.
(b)
The Clerk may provide counsel with a jury list containing names and
personal information concerning prospective petit jurors (hereafter "the jury list"). Counsel and
any other person provided with the jury list may not share the jury list or information therein
except as necessary for purposes of jury selection. Following jury selection, counsel and any
other person provided the jury list must return to the Clerk the jury list and any copies made from
the jury list or destroy them.
4.
Trial: The trial of this case will be held before United States Magistrate Judge
Susan K. Lee with a jury beginning on July 9, 2014. The trial is expected to last 2 days.
Counsel shall be present at 8:30 a.m. to take up any preliminary matters which may require the
Court's attention. The parties shall be prepared to commence trial at 9:00 a.m. on the date which
has been assigned. If this case is not heard immediately, it will be held in line until the following
day or any time during the week of the scheduled trial date.
All other expired deadlines in the prior scheduling order [Doc. 14] remain
unchanged. Should the scheduled trial date change for any reason, the other dates set by
this Order shall remain as set forth herein. Should the parties desire a change in any of the
other dates, they should file a motion suggesting alternate dates and showing good cause in
accordance with Fed. R. Civ. P. 16(b)(4).
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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