Kough et al v. Wing Enterprises, Incorporated et al

Filing 33

MEMORANDUM AND ORDER: Section 4(h) of the Scheduling Order is MODIFIED to state: All discovery of any kind shall be completed sixty (60) days prior to trial, and any Motions to Compel must be filed no later than thirty-five (35) day s after the deadline for completing discovery expires. The Plaintiffs are ORDERED to file their amended complaint in the record as their operative pleading by November 19, 2014. The Plaintiffs are ORDERED to, either, produce the tax returns requested by Defendants to Defendants' counsel or to file a notice of dismissal with regard to the wage and lost income claims on or before December 5, 2014. Signed by Magistrate Judge H Bruce Guyton on 11/14/14. (JBR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RAYMOND KOUGH and MARY KOUGH,
Plaintiffs,
v.
WING ENTERPRISES, INC., et al.,
Defendants.

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No. 3:12-CV-250-PLR-HBG

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
On November 14, 2014, the parties appeared before the Court to address the Defendants’
Motion to Amend Court’s Scheduling Order Entered December 13, 2012, and Revised Order
Entered April 9, 2014, or, in the Alternative, Defendants’ Motion to Compel Production of
Documents and Things Pursuant to F.R.C.P. 34, [Doc. 27].
Counsel for the Defendants argued that the Scheduling Order should be modified to allow
sufficient time to file a motion to compel, if needed. In addition, Defendants’ counsel moved the
Court to order the Plaintiffs to comply with the Court’s December 2012 Order directing the
Plaintiffs to file their amended complaint, and finally, counsel for the Defendants noted that
Plaintiffs have tentatively agreed to dismiss their claims for lost wages, if they are unable to
produce tax returns within a reasonable time.
Counsel for the Plaintiffs did not oppose the relief requested by the Defendants and
agreed that the Plaintiffs could file their amended complaint, as was proposed almost two years
ago, within three to five days of the hearing. Finally, counsel agreed that if Plaintiffs could not

produce tax returns for the relevant period, they would likely dismiss their wage and lost income
claims.
Having considered the parties’ positions and the procedural posture of this case, it is
ORDERED:
1. Section 4(h) of the Scheduling Order is MODIFIED to state: All discovery of
any kind shall be completed sixty (60) days prior to trial, and any Motions to
Compel must be filed no later than thirty-five (35) days after the deadline for
completing discovery expires.
2. The Plaintiffs are ORDERED to file their amended complaint in the record as
their operative pleading by November 19, 2014.
3. The Plaintiffs are ORDERED to, either, produce the tax returns requested by
Defendants to Defendants’ counsel or to file a notice of dismissal with regard to
the wage and lost income claims on or before December 5, 2014.
4. Finally, the parties are reminded that this case is set for trial on January 27, 2015,
and they are admonished to work diligently to prepare this matter for trial at that
time.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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