Carroll et al v. Fentress Co Sheriff Depart. et al

Filing 97

SCHEDULING ORDER: Motion to Amend Pleadings due by 7/30/2012. Discovery due by 9/28/2012. Dispositive Motions due by 10/29/2012. Jury Trial set for 5/21/2013 at 9:00 AM in Cookeville before District Judge Kevin H. Sharp. Pretrial Conference set for 5/6/2013 at 1:30 PM in Cookeville before District Judge Kevin H. Sharp. Signed by Magistrate Judge John S. Bryant on 5/30/12. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
JOSHUA LEE CARROLL, et al.,
Plaintiffs,
v.
FENTRESS COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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NO. 2:11-0019
Judge Sharp/Bryant
Jury Demand

SCHEDULING ORDER
Defendant Waski has filed her answer to plaintiffs’
complaint (Docket Entry No. 95).

No answer has been filed by

defendant Smith as of the date of this order. The following
scheduling order is ENTERED:
I.

GENERAL COURT RULES AND PROCEDURES
Any filing made with the Court must comply with Rule 5 of

the Federal Rules of Civil Procedure, which requires that a copy of
the filing be sent to the opposing party or his counsel and that
the filing contain a certification stating that a copy has been
sent, to whom, at what address, and on what date.

Any filing that

does not comply with this requirement will be returned and/or
stricken from the record.
Each party is responsible for making and obtaining copies
of any documents or filings he or she sends to the Court.

It is

not the Court's responsibility to provide free copies of any
documents to the parties.

If a party desires to obtain a copy of

a document in the official court file, the party should contact the
Clerk's Office, with the docket entry number of the document if
possible, to request a copy.
document

is

10¢

per

The cost of an electronically filed

page,

or

50¢

per

page

if

it

is

not

electronically filed.
Each party is required to keep both the Court and the
opposing party or his counsel informed of his or her current
address.

A plaintiff's failure to keep the Court informed of his

or her current address may result in a recommendation that the
action be dismissed for failure to prosecute and for failure to
comply with the Court's order.
II.

PRETRIAL DEADLINES
Amendment of Pleadings
The parties shall have until July 30, 2012, to move to

amend the pleadings.
Discovery
All discovery shall be completed by September 28, 2012.
By this, the Court means that all written discovery should be
served far enough before the discovery completion date, i.e. at
least thirty days prior to the discovery completion deadline, so
that responses or objections to any written discovery can be made
prior to the completion deadline.

For example, serving written

discovery upon an opposing party a few days prior to the discovery
completion deadline does not comply with this scheduling order and
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may result in discovery being denied to the requesting party.
Any party seeking to serve written discovery upon another
party that would result in responses being served after the
discovery completion deadline must obtain leave of the Court to
serve untimely discovery requests.
Written discovery should be sent to the opposing party
and should not be filed with the Court, nor should a copy of the
written discovery be sent to the Court unless it is sent as an
attachment to a discovery motion.

A court order is not required

for a party to engage in discovery and discovery in an action is
not stayed upon the filing of any motion unless specifically
ordered by the Court.
Discovery Motions
All discovery motions must be filed by September 28,
2012.

All discovery motions must comply with the applicable

requirements contained in Rule 37 of the Federal Rules of Civil
Procedure, Rule 37.01 of the Local Rules of Court, or any other
relevant Federal Rules of Civil Procedure.

Before any motion

related to a discovery dispute is filed, the parties shall conduct
a telephone conference with the Magistrate Judge about the matter
in dispute.
No

discovery

dispute

related

motion

shall

be

without first contacting the Magistrate Judge’s office and

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filed

scheduling a telephone conference with the Magistrate Judge about
the dispute.
Dispositive Motions
All

dispositive

motions

to

dismiss

judgment shall be filed by October 29, 2012.

or

for

summary

Responses shall be

due by November 27, 2012, and replies, if any, limited to five (5)
pages,

shall

forewarned

be

that

due

by

December

dispositive

11,

motions

2012.

must

be

Plaintiffs
responded

are

to

by

November 27, 2012, unless an extension is granted by the Court, and
that failure to respond to the motion and to statements of facts
may result in the Court taking the facts alleged in the matter as
true and granting the relief requested.
may not just rely on his complaint.

In responding, plaintiffs

Plaintiffs must show there is

a material dispute of fact with citation to the record, affidavits
or other matter of evidence.

Plaintiffs should read and comply

with Federal Rule of Civil Procedure 56 and Local Rule LR 56.01(a).
If dispositive motions are filed before the deadline, the deadlines
for filing responses and replies shall be advanced accordingly.
Other Motions
Any other motions (other than in limine or related to
trial matters) must be filed by October 29, 2012.
This matter has been set for a two-day jury trial by the
District Judge on May 21, 2013, at 9:00 a.m.

The final pretrial

conference will be held on May 6, 2013, at 1:30 p.m.
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Both the

trial and final pretrial conference will be held at 9 E. Broad
Street in Cookeville, Tennessee.
It is so ORDERED.
s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge

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