Cain Field Nursery et al v. Farmers Crop Insurance Alliance, Inc. et al.

Filing 79

ORDER finding as moot 76 Motion for Telephonic Status Hearing ; denying 76 Motion to Continue; granting in part 76 Motion for Extension of Time to Answer ; granting 76 Motion for Extension of Time to File Dispositive Motions. Signed by Magistrate Judge Susan K Lee on 11/16/11. (GRE, )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER CAIN FIELD NURSERY, et al., Plaintiffs, v. FARMERS CROP INSURANCE ALLIANCE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) 4:09-cv-78 Lee ORDER Before the Court is Plaintiffs’ Motion for Telephonic Status Conference, Motion for Extension of Time to Answer Written Discovery Requests, Motion to Extend Deadline for Filing Dispositive Motions and Motion to Continue Trial [Doc. 76]. The Court ORDERS that Plaintiffs’ motion be GRANTED IN PART and DENIED IN PART as follows. In light of the in-person hearing on the motion held on November 15, 2011, the request for a telephonic status conference is MOOT. Although the discovery deadline passed before Plaintiffs filed the motion, Plaintiffs’ request for an extension of time to answer discovery is GRANTED IN PART. Plaintiffs shall be given a reasonable amount of time to respond to the written discovery at issue, however, it will be up to the parties to work out an appropriate schedule for said responses consistent with the matters addressed during the hearing. The lack of discovery responses does not constitute “good cause” for amending the scheduling order. The motion to extend the deadline for filing dispositive motions is GRANTED. The Court ORDERS the parties to meet on or before Friday, December 2, 2011 to discuss stipulating to undisputed facts. The parties shall file a joint statement of stipulated, undisputed facts along with their respective dispositive motions on or before Monday, December 12, 2011. Plaintiffs’ motion to continue the trial is DENIED; however, the remaining unexpired deadlines in the Scheduling Order [Doc. 67] shall be HELD IN ABEYANCE pending the filing of dispositive motions. The trial date shall remain in effect unless ordered otherwise. SO ORDERED. ENTER: s/fâátÇ ^A _xx SUSAN K. LEE UNITED STATES MAGISTRATE JUDGE 2

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