Frothingham v. GGNSC Winchester LLC et al

Filing 66

ORDER granting 58 Motion to Continue. Final Pretrial Conference set for 9/2/2014 10:30 AM in Judge's Chambers before Magistrate Judge Susan K Lee. Jury Trial set for 9/15/2014 09:00 AM in Courtroom 1B - Chattanooga before Magistrate Judge Susan K Lee.. Signed by Magistrate Judge Susan K Lee on 11/12/13. (GRE, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT WINCHESTER
FREEMAN M. FROTHINGHAM, JR.,
as Executor of the Estate of and for use and
benefit of the Statutory Beneficiaries of
Freeman M. Frothingham, Sr., Deceased,
Plaintiff,
v.
GGNSC WINCHESTER, d/b/a Golden
LivingCenter-Mountainview, et al.,
Defendants.

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Case No. 4:12-cv-35-SKL

AMENDED SCHEDULING ORDER
Before the Court is a motion to continue [Doc. 58] filed by Plaintiff, who seeks to
continue the trial date and other pretrial deadlines as set in the scheduling order [Doc. 32]. A
hearing on the motion to continue was held on November 4, 2013. Present at the hearing were
Attorney Joseph K. Dughman on behalf of Plaintiff and Attorneys Sheri A. Fox and Amanda E.
Kelley on behalf of Defendants. Defendants filed no response to the motion to continue and do
not oppose the motion. The parties plan to engage in mediation in December, and agreed to the
following amendments to accommodate the mediation. By agreement of the parties and for good
cause shown, the motion to continue [Doc. 58] is GRANTED and the scheduling order is
amended as follows:
Disclosure and Discovery
(a)
Final Witness List: On or before June 2, 2014, each party shall provide to all
other parties a final witness list in accordance with Fed. R. Civ. P. 26(a)(3)(A). Within five (5)
days after service of this final witness list, the list may be supplemented. After that time, the list
may be supplemented only with leave of the Court and for good cause.
(b)
All Discovery: All discovery, including the taking of depositions “for evidence,”
shall be completed by June 16, 2014. After this date, the parties may conduct discovery by
agreement, but the Court will not involve itself in any disputes that may arise.
(e)
Pretrial Disclosures: On or before July 14, 2014, the parties shall make the
pretrial disclosures specified in Fed. R. Civ. P. 26(a)(3)(A)(ii)-(iii) (i.e., deposition testimony and
exhibit lists).

Other Scheduling Matters
(a)
Dispositive Motions: All dispositive motions per Fed. R. Civ. P. 12 or for
summary judgment per Fed. R. Civ. P. 56 shall be filed as soon as possible, but not later than
June 30, 2014. The failure to file such motions timely will be grounds to deny them summarily.
(c)
Motions in Limine: Any motions in limine must be filed no later than August 18,
2014 and must include a certification that the movant has in good faith conferred or attempted to
confer with the other parties in an effort to resolve any disputes without court action.
(d)
Special Requests to Instruct for Jury Trial: Pursuant to Local Rule 51.1, requests
for jury instructions shall be submitted to the Court no later than August 18, 2014 and shall be
supported by citations of authority pursuant to E.D. Tenn. LR. 7.4. A copy of the proposed jury
instructions should be sent as an e-mail attachment in WordPerfect or compatible format to:
[e-mail].
The parties shall confer and submit a joint proposal for jury instructions to the extent
possible. Before submitting proposed instructions to the Court, the parties must attempt to
resolve any disagreements. If not submitted jointly, each set of proposed instructions must
include a certification that the movant has in good faith conferred or attempted to confer with the
other parties in an effort to resolve any disputed instructions.
The Court uses the Sixth Circuit Criminal Pattern Jury Instructions as its model in
formulating the final instructions given to the jury; therefore, all proposed jury instructions must
follow their form of the pattern instructions. The parties shall not submit proposed instructions
for matters common to both civil and criminal cases and covered by the pattern instructions
unless they seek to depart from those standard instructions.
Final Pretrial Conference and Trial
(a)
Final Pretrial Conference: A final pretrial conference will be held in this case on
September 2, 2014 at 10:30 a.m. Eastern before the United States Magistrate Judge, Fourth
Floor Courtroom, U.S. Courthouse, 900 Georgia Avenue, Chattanooga, Tennessee.
The parties shall prepare a proposed final pretrial order and submit that proposed order to
the Court at least two business day before the final pretrial conference by sending it as an e-mail
attachment in WordPerfect or compatible format to [e-mail].
(b)
Trial: The trial of this case will be held before the United States Magistrate Judge
and a jury beginning on September 15, 2014 in Chattanooga, Tennessee and is anticipated to
last 7-10 days. Counsel shall be present at 8:30 a.m. to take up any preliminary matters which
may require the Court’s attention. The parties shall be prepared to commence trial at 9:00 a.m.
on the date which has been assigned. If this case is not heard immediately, it will be held in line
until the following day or any time during the week of the scheduled trial date.

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All other expired deadlines in the prior scheduling order [Doc. 32] remain
unchanged. Should the scheduled trial date change for any reason, the other dates set by
this Order shall remain as set forth herein. Should the parties desire a change in any of the
other dates, they should file a motion suggesting alternate dates and showing good cause in
accordance with Fed. R. Civ. P. 16(b)(4).
SO ORDERED.
ENTER:

s/fâátÇ ^A _xx

SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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