Thomas v. Cargill, Incorporated

Filing 16

MEMORANDUM AND ORDER: The Plaintiff SHALL answer the interrogatories and respond to the requests for production that Defendant served upon Plaintiff on or before October 17, 2014. The Defendant will have up to and including November 21, 2014, in which to disclose its expert testimony. The parties will have up to and including November 21, 2014, in which to file any motions to compel. All discovery in this case must be completed on or before December 19, 2014. Signed by Magistrate Judge H Bruce Guyton on 10/3/14. (c/m) (JBR) Modified text on 10/3/2014 (JBR).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
LEWIS THOMAS,

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Plaintiff,
v.
CARGILL, INC.,
Defendant.

No. 3:14-CV-100-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 October 2, 2014, the parties presented for a telephonic discovery conference pursuant
to the Scheduling Order [Doc. 5 at 4], to address the Plaintiff’s failure to respond to
interrogatories and requests for production. Plaintiff was present, representing himself, and
Attorneys Shayne Clinton and John Speer were present representing the Defendant.
The Court reiterated to the Plaintiff that he must comply with his discovery obligations,
regardless of whether he has an attorney representing him or not. The Court directed the
Plaintiff to provide signed answers and responses to the interrogatories and requests for
production. He agreed that he would answer them on or before October 17, 2014. The Court
advised the Plaintiff that failure to answer could result in the Court issuing sanctions, which
could include dismissal of Plaintiff’s claims.
The Defendant asked that certain pretrial deadlines be extended based upon the Plaintiff’s
failure to respond to the interrogatories and requests for production. The Court agreed to extend

the Defendant’s deadline for disclosing experts, the motion to compel deadline, and the
discovery deadline.
Accordingly, it is ORDERED:
1. The Plaintiff SHALL answer the interrogatories and respond to the requests for
production that Defendant served upon Plaintiff on or before October 17, 2014. The
Plaintiff SHALL certify the truthfulness of his answers and responses through his
signature on the interrogatories and requests for production.
2. The Plaintiff is ADMONISHED that failure to fully and completely answer the
interrogatories and respond to the requests for production may result in the imposition of
sanctions pursuant to Rule 37 of the Federal Rules of Civil Procedure, and specifically,
failure to fully and completely answer and respond may result in DISMISSAL.
3. The Defendant will have up to and including November 21, 2014, in which to disclose
its expert testimony.
4. The parties will have up to and including November 21, 2014, in which to file any
motions to compel.
5. All discovery in this case must be completed on or before December 19, 2014.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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