Nichols v. Knox County, Tennessee et al

Filing 216

ORDER denying 169 Knox County's motion for the Court to revise its earlier opinion; denying 170 Knox County's second motion for leave to amend its answer; denying 171 Knox County's second motion for the Court to revise its earlier opinion; denying as moot 178 Knox County's motion for judgment on the pleadings; denying as moot 179 Knox County's motion for oral argument; granting 196 Knox County's motion for leave to file supplemental evi dence; denying 202 Knox County's second motion in limine; denying 209 Knox County's motion to dismiss for lack of subject matter jurisdiction. The plaintiff's oral motion for leave to file an amended complaint is Granted. The plain tiff shall file his amended complaint on or before Thursday, March 10, 2016. Knox County shall have 21 days thereafter to file its answer. Because the plaintiff is filing an amended complaint, Knox County's dispositive deadline shall be extended. Any dispositive motion shall be filed by Knox County no more than 30 days after the plaintiff files his amended complaint. Signed by District Judge Pamela L Reeves on March 1, 2016. (AYB)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TENNESSEE
NORTHERN DIVISION AT KNOXVILLE

Donald Nichols,
Plaintiff,
v.
Knox County, Tennessee, et al.,
Defendants.

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No.: 3:11-CV-417-PLR-HBG

Order
On February 29, 2016, the Court held a hearing to discuss Knox County’s numerous
pending motions. Jonathan Swann Taylor and Robert R. Kurtz appeared on behalf of the
plaintiff. David S. Wigler appeared on behalf of Knox County. For the reasons stated on the
record, the Court Orders as follows:
Knox County’s motion for the Court to revise its earlier opinion [R. 169] is Denied;
Knox County’s second motion for leave to amend its answer [R. 170] is Denied;
Knox County’s second motion for the Court to revise its earlier opinion [R. 171] is
Denied;
Knox County’s motion for judgment on the pleadings [R. 178] is Denied as Moot;
Knox County’s motion for oral argument [R. 179] is found as Moot;
Knox County’s motion for leave to file supplemental evidence [R. 196] is Granted;
Knox County’s second motion in limine [R. 202] is Denied;
Knox County’s motion to dismiss for lack of subject matter jurisdiction [R. 209] is
Denied.

The plaintiff’s oral motion for leave to file an amended complaint is Granted. The
plaintiff shall file his amended complaint on or before Thursday, March 10, 2016.
Knox County shall have 21 days thereafter to file its answer. 1
Because the plaintiff is filing an amended complaint, Knox County’s dispositive deadline
shall be extended. Any dispositive motion shall be filed by Knox County no more than
30 days after the plaintiff files his amended complaint.

IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT
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The Court would like to reiterate that it will not consider Knox County’s res judicata and settlement or release
arguments again. If they are included in Knox County’s upcoming answer, they will be stricken.