The Outlaw Motorcycle Club Inc et al v. Knox County, TN et al

Filing 178

ORDER granting 171 defendants' Motion for Revision of Scheduling Order. The trial of this matter will commence at 9:00 a.m. on January 8, 2013 with other deadlines set forth more fully in this Order. Defendant Plaza's Motion in Limine 176 is denied as moot. Signed by Magistrate Judge C Clifford Shirley on July 25, 2012. (AYB)

UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
OUTLAW MOTORCYCLE CLUB, INC., et al.,
Plaintiffs,
V.
KNOX COUNTY, TENN., et al.,
Defendants.

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No. 3:10-CV-243
(CAMPBELL/SHIRLEY)

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this
Court, and the referral of the District Judge [Docs. 149]. Now before the Court is a
Motion for Revision of Scheduling Order, which was filed by Defendants Knox County,
Tennessee, Capt. David Henderson, Sgt. John Hopkins, Nikki Plaza, Veverly Hill, and
Jimmy “J.J.” Jones. With the exception of Nikki Plaza, all of these Defendants have been
granted summary judgment in their favor on the claims against them.

Ms. Plaza

continues to request a revision of the Scheduling Order, including a trial continuance.
Plaintiff Wendy Wine, the only remaining plaintiff, does not oppose this relief and
instead joins in the request for a continuance.
The parties appeared before the Court on July 24, 2012, for a telephonic motion
hearing. Attorney Phillip Lomonaco was present representing Ms. Wine, and Attorney
Jerome Melson was present representing Ms. Plaza.

Attorneys for the dismissed

defendants were also present. Having heard from the parties, the Court finds that the
Motion for Revision of Scheduling Order [Doc. 171] is well-taken, and it is GRANTED.

The Scheduling Order [Doc. 21] is MODIFIED as follows:
1. The trial of this matter will commence at 9:00 a.m. on January 8, 2013;
2. Plaintiff shall disclose any expert witnesses on or before August 24, 2012;
3. Defendant shall disclose any expert witnesses on or before September 24, 2012;
4. All discovery in this matter, including depositions for proof, shall be completed
on or before November 2, 2012;
5. Any dispositive motions by either party shall be filed on or before September
10, 2012; and
6. The deadlines for filing jury instructions, motions in limine, and a final pretrial
order shall be calculated from the new trial date as directed in the original
Scheduling Order.
These dates having been reset, counsel for Ms. Plaza represented to the Court that her
recently-filed motion in limine [Doc. 176] is now moot. It is DENIED AS MOOT.
IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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