Gleason v. Food City # 654 et al

Filing 15

MEMORANDUM AND ORDER. Signed by Magistrate Judge H Bruce Guyton on 8/28/14. (JBR) (c/m) Modified text on 8/28/2014 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ROBERT GLEASON,
Plaintiff,
v.
FOOD CITY 654, SAM TURNER, and
BUCKY SLAGLE,
Defendants.

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No. 3:13-CV-712-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.
The parties appeared before the Court on August 26, 2014, via telephone for a discovery
conference pursuant to the Scheduling Order. Plaintiff was present representing himself pro se,
and Attorney Howard Jackson was present representing the Defendants. The issue presented to
the Court was that Plaintiff had failed to make his initial disclosures and respond to discovery in
a timely manner, failed to execute a medical release, and had not agreed to set a date for his
deposition. The Court advised the Plaintiff of his duties to comply with the Federal Rules of
Civil Procedure and the deadlines set by the Court.
The Court heard from both parties and certain agreements were reached. Accordingly, it
is ORDERED:
1. Plaintiff SHALL execute and deliver the proposed medical release to Mr. Howard on or
before September 12, 2014;

2. Plaintiff SHALL provide Mr. Howard with initial disclosures that fully comply with Fed.
R. Civ. P. (a)(1)(A) on or before September 12, 2014;
3. Plaintiff SHALL provide answers to the interrogatories and requests for production
served upon him on January 23, 2014, on or before September 12, 2014; and
4. Plaintiff SHALL appear at the offices of Wimberly, Lawson, Wright, Daves & Jones,
PLLC, 550 Main Avenue, Suite 900, Knoxville, Tennessee, 37901 at 1:00 p.m. on
September 12, 2014 to give his deposition. On August 27, 2014, the day following the
conference, Plaintiff confirmed that he was available at this date and time. As was stated
at the conference, Plaintiff is advised that the deposition is likely to take four hours to
complete but may take up to seven hours to complete.
5. Consistent with the Court’s statements at the conference, Plaintiff is hereby
ADMONISHED that failure to comply with this Memorandum and Order or any other
Order of the Court in the future is likely to result in the imposition of sanctions including
an award of fees and/or a recommendation that this case be dismissed, pursuant to Rule
37(b) of the Federal Rules of Civil Procedure. As stated in the conference, Plaintiff must
comply with applicable deadlines without Court intervention.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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