Harden et al v. Young et al

Filing 14

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 9/9/2011. Discovery due by 3/9/2012. Dispositive Motions due by 4/9/2012. Case Management Telephone Conference set for 1/12/2012 at 9:30 AM before Magistrate Judge Joe Brown. To partici pate in the conference call, parties shall call 615-695-2851 at the scheduled time. After consulting with Judge Sharp's courtroom deputy, this matter is set for trial on 10/2/2012 at 9:00 AM. Judge Sharp will conduct the Final Pretrial Conference set for 9/10/2012 at 1:30 PM. Judge Sharp will issue a separate order specifying his requirements for the final pretrial conference and the trial at a later date. Signed by Magistrate Judge Joe Brown on 7/12/11. (dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT GWEN HARDEN, and
wife, JESSICA BROWN HARDEN,

)
)
)
Plaintiffs
)
)
v.
)
)
RONALD LEE YOUNG, JR. and
)
INTERSTATE DISTRIBUTOR COMPANY, )
a foreign corporation,
)
)
Defendants
)

No. 2:11-0050
Judge Sharp/Brown
Jury Demand

INITIAL CASE MANAGEMENT ORDER
Pursuant to Local Rule 16.01(d)(2), the following Initial
Case Management Plan is adopted.
1.

Jurisdiction:

This Court has jurisdiction over this

matter pursuant to 28 U.S.C. § 1332 by virtue of diversity of
citizenship and an amount in controversy in excess of $75,000.
There is no dispute as to jurisdiction in this matter.
2.

Plaintiff’s Theory: On May 14, 2010, Robert Harden was

driving a 2005 Chevrolet pickup truck traveling southbound on
Highway 109, a two-lane paved highway. He was approaching Cherokee
Dock Road in Wilson County, Tennessee.

The automobile in front of

him was stopping, preparing to make a left turn. Her blinkers were
on.

Mr. Harden slowed down and was at or near a full stop.

His

brakes were working, and his brake lights were working.
Defendant Young was traveling behind Mr. Harden.

He was

driving a 19-wheel tractor-trailer. He was not paying attention to
the road or the vehicles in front of him.

He reached for a drink,

and as he came back to an upright position saw that he was about to

hit the Harden vehicle.
vehicle.

He hit it hard enough to total the

The bed of Harden’s pickup was accordioned.

The rear

window was broken, apparently by Mr. Harden’s head striking it.
Mr. Harden has sustained significant closed head injuries.
3.

Defendant’s theory: Defendants submit that on May 14,

2010, a tractor-trailer operated by Defendant Young on behalf of
Defendant Interstate Distributor Company made contact with the rear
of Plaintiff Robert Harden’s vehicle while traveling southbound on
Highway 109 at Cherokee Dock Road in Wilson County, Tennessee.
There was limited property damage and there were no apparent
injuries at the scene of the accident.
4.
resolved.

Identification

5.

of

the

issues:

No

issues

have

been

The issues of liability and damages remain unresolved.
Need for other claims or special issues under Rules 13-

15, 17-21, and Rule 23 of the Federal rules of Civil Procedure:
None.
6.

Witnesses, if known, subject to supplementation for each

party:
Plaintiff’ witnesses:

Robert Gwen Harden; Jessica Brown

Harden; Ronald Lee Young, Jr.; Leonora Hardaway; Douglas Hardaway;
Trooper

William

Bennett;

Dr.

Aaron

Esbenshade;

Dr.

Roxanne

Valentino; Dr. Todd Heffern; Dr. Marina Lu; Dr. Scott Dube; Dr.
Michael Beckham; Dr. Scott Gray; Dr. Gregory Lassiter; Dr. Scott D.
Gray; Dr. William J. Klein; Radiology Alliance, PC–Dr. Gregory; Dr.
Michael

G.

Tramontana;

Dr.

Robert

Audiologist.

2

LaBadie;

Susan

Amberg,

Defendants’ witnesses: Ronald Young; Trooper William
Bennett; Leonora Hardaway; Douglas Hardaway.
7.

Initial Disclosures and Stage of Discovery: The parties

do not wish to waive Fed. R. Civ. P. 26(a).

The parties shall make

their Rule 26 initial disclosures within 30 days from the date of
the initial case management conference.
All discovery shall be completed by March 9, 2012.
Plaintiffs

shall

disclose

information by January 10, 2012.

their

Rule

26

expert

Defendants shall disclose their

Rule 26 expert information by February 10, 2012.

The deadline for

expert witness depositions is March 9, 2012.
No motions concerning discovery are to be filed until
after the parties have conferred in good faith and, if unable to
resolve their difference, have scheduled and participated in a
conference

call

with

Magistrate

Judge

Brown.

The

counsel

requesting the conference shall check with opposing counsel as to
their availability before setting a time certain with the Court.
8.

Dispositive Motions: All dispositive motions shall be

filed by April 9, 2012, and any response thereto shall be filed by
May 7, 2012.

Any reply shall be filed by May 21, 2012.

If

dispositive motions are filed early, the response and reply dates
are moved up accordingly.

The motion and response memoranda are

limited to 25 pages and the reply, if any, is limited to five pages
absent Court permission for longer pleadings.
9.

Other deadlines: The deadline for joining parties and

amending pleadings is September 9, 2011.

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10.

Subsequent case management conferences: A case management

telephone conference is set for January 12, 2012, at 9:30 a.m.

To

participate in the conference call, parties shall call 615-695-2851
at the scheduled time.
11.

Alternative dispute resolution. The parties believe that

alternative dispute resolution is appropriate in this case. Within
30 days after the close of discovery the parties will hold a
mediation or settlement conference.
12.

Consent to trial before the Magistrate Judge.

The

parties do not consent to trial before the Magistrate Judge.
13.

TRIAL

DATE:

The

parties

advised

that

although

the

Plaintiffs live in Carthage, which would make this normally a
Cookeville case, the accident itself occurred in Wilson County,
which is in the Nashville division.

The medical doctors needed

would be from Nashville, therefore the parties request that this
case be tried in Nashville.

After consulting with Judge Sharp’s

courtroom deputy, this matter is set for trial on October 2, 2012,
at 9:00 a.m., in Nashville, Tennessee.

Judge Sharp will conduct

the final pretrial conference in Nashville on September 10, 2012,
at 1:30 p.m.

Judge Sharp will issue a separate order specifying

his requirements for the final pretrial conference and the trial at
a later date.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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