Farrell v. Finchum Sports Floors et al (TV2)
ORDER granting in part and denying in part 48 Motion to Amend/Correct. Signed by Magistrate Judge C Clifford Shirley, Jr on 6/9/17. (JBR)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
FINCHUM SPORTS FLOORS, a sole
proprietorship, and LARRY FINCHUM, an
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73(b) of the
Federal Rules of Civil Procedure, and the consent of the parties, for all further proceedings,
including entry of judgment [Doc. 36].
Now before the Court is a Joint Motion to Amend Scheduling Order [Doc. 48]. The parties
state that despite their diligence in conducting discovery in this matter, the Defendant’s deposition
could not be held until April 28, 2017, due to his serious health problems that arose. The parties
state that the Plaintiff believes more discovery is needed but due to the Defendant’s health, it may
take a longer amount of time to address such issues. The parties state that the dispositive motion
deadline in this case is May 27, 2017. The parties request that the discovery and dispositive motion
deadlines be extended until July 27, 2017. The parties state that the requested extensions will not
interfere with the trial or other deadlines.
By way of background, the Court notes that this case was filed on December 5, 2014, which
is over two years ago. The parties consented to the undersigned on May 17, 2016, [Doc. 36] and
were given a new trial date with new deadlines. [Doc. 42]. Subsequently, on January 19, 2017,
the Court continued the dispositive motion deadline and the trial upon the request of the parties.
[Doc. 45]. The parties have now requested another extension of the deadlines.
Given the age of this case, the Court finds the parties’ request not well-taken, in part. The
Court will grant the parties until June 27, 2017, to file any dispositive motions, which will provide
the Court with sufficient time to consider and rule upon such motions before the pretrial conference
on October 30, 2017. The Court will not “extend” the discovery deadline to July 27, 2017, because
it is already set 60 days before trial. See Doc. 42 at ¶ 4(i) (“All discovery, including the taking of
depositions ‘for evidence’ shall be completed by sixty (60) days before trial.”). Accordingly, the
Joint Motion to Amend Scheduling Order [Doc. 48] is GRANTED IN PART AND DENIED IN
PART. The Court further orders that dispositive motions shall be filed on or before June 27,
2017, and that all discovery shall be completed in this case by September 7, 2017. The Court
will not grant any further extensions of the deadlines absent extraordinary circumstances.
IT IS SO ORDERED.
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge
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