Devereux et al v. Knox County, Tennessee, et al (JRG1)

Filing 87

ORDER granting 84 Defendants' Conditional Motion. Defendants shall file their supplemental brief within fourteen (14) days after receiving the transcript of Dr. Gaines's deposition. Signed by Magistrate Judge H Bruce Guyton on November 5, 2018. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
BRIAN B. DEVEREUX and RENEE DEVEREUX, )
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Plaintiffs,
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v.
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KNOX COUNTY, TENNESSEE, et al.,
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Defendants.
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No. 3:17-CV-197-JRG-HBG

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is Defendants’ Conditional Motion for Order Permitting Dr. Gaines’s
Deposition to be Taken November 28, 2018, and for Leave Thereafter to Supplement the Summary
Judgment Record [Doc. 84]. Defendants state that the condition of the Motion is that if the Court
strikes and excludes Dr. Gaines’s expert testimony, there is no need to take his deposition.
Defendants explain that its Motion to Strike and Exclude Expert Testimony (“Motion to Strike”)
is pending and that to determine if this deposition will be necessary, the parties need a ruling on
the Motion to Strike. Defendants state that if Dr. Gaines’s deposition is required, he is not available
for a deposition until November 28, 2018, at 8:00 a.m. Defendants state that counsel for Plaintiffs
have indicated that they are available on November 28 for the deposition. Further, Defendants
state that the Court previously granted an extension until November 13, 2018, to file its reply brief
in support of its motion for summary judgment. Defendants request leave to supplement the
summary judgment record with a transcript in reply to Plaintiffs’ response to the pending summary
judgment motion.
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Accordingly, the Court finds Defendants’ Conditional Motion [Doc. 84] well taken, and it
is GRANTED. Further, Defendants shall file their supplemental brief within fourteen (14) days
after receiving the transcript of Dr. Gaines’s deposition.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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