Terry Richardson Concrete LLC v. Mack Mechanichal, Inc et al

Filing 70

ORDER: Counsel for the parties called the Court on July 11, 2014, at which time the following matters were addressed: The motion for extension of discovery deadline and motion to compel deposition 55 was GRANTED in part and MOOT in part. The mot ion for protective order 61 was GRANTED. The plaintiff WITHDREW its motion for sanctions 62 , and the Clerk is directed to terminate that motion. The motion for extension of discovery schedule 63 was GRANTED. The depositions noticed by th e defendants of the plaintiff and a Rule 30(b)(6) deposition of the plaintiff on July 15, 2014 (Docket Entry Nos. 59 and 60) will be rescheduled. The July 15, 2014, deadline for completion of all discovery was extended to September 2, 2014. The August 25, 2014, deadline for filing any dispositive motion is extended to October 15, 2014. The Clerk is directed to place Docket Entry No. 64 UNDER SEAL. The second motion for sanctions 67 is DENIED as MOOT. The motion for a hearing 69 is GRANTED. A hearing is scheduled on Tuesday, August 12, 2014, at 12:00 noon, in Courtroom 764 U.S. Courthouse, 801 Broadway, Nashville, TN, to address the plaintiff's amended second motion for sanctions 68 . The hearing may be held telephonically, at the plaintiff' s option, to be initiated by plaintiff's counsel. Signed by Magistrate Judge Juliet E. Griffin on 8/1/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
TERRY RICHARDSON d/b/a Terry
Richardson Concrete, LLC
v.
MACK MECHANICAL, INC.; and
AMERICAN SAFETY CASUALTY
INSURANCE COMPANY

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No. 2-12-0109

ORDER
Counsel for the parties called the Court on July 11, 2014, at which time the following matters
were addressed:
1.

The plaintiff's motion for extension of discovery deadline and motion to compel

deposition (Docket Entry No. 55) was GRANTED in part and MOOT in part.1
2.

The plaintiff's motion for protective order (Docket Entry No. 61) was GRANTED.

3.

The plaintiff WITHDREW its motion for sanctions (Docket Entry No. 62), and the

Clerk is directed to terminate that motion as pending.
4.

The plaintiff's motion for extension of discovery schedule (Docket Entry No. 63) was

GRANTED as provided below.
5.

The defendants were directed to serve responses to the plaintiff's outstanding requests

for production no later than July 21, 2014.
6.

The depositions noticed by the defendants of the plaintiff and a Rule 30(b)(6)

deposition of the plaintiff on July 15, 2014 (Docket Entry Nos. 59 and 60) will be rescheduled. The
defendants shall provide a list of the topics upon which the defendants want to depose the plaintiff's
Rule 30(b)(6) witness.

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The deposition of the custodian of records for defendant Mack Mechanical was taken on
June 10, 2014.

7.

The July 15, 2014, deadline for completion of all discovery was extended to

September 2, 2014. The parties anticipate taking 3-4 depositions, including the depositions
addressed above.
8.

The August 25, 2014, deadline for filing any dispositive motion is extended to

October 15, 2014. Any response shall be filed within 30 days of the filing of the motion or by
November 14, 2014, if the motion is filed on October 15, 2014. Any reply, if necessary, shall be
filed within 21 days of the filing of the response or by December 5, 2014, if the response is filed on
November 14, 2014.
No other filings in support of or in opposition to any dispositive motion shall be made after
December 5, 2014, except with the express permission of the Honorable Kevin H. Sharp.
Since the July 11, 2014, conference call, the plaintiff filed an offer of judgment (Docket
Entry No. 64). Since an offer of judgment is not to be filed unless and until it is accepted by the
opposing party, and, instead, is to only be served on opposing counsel, the Clerk is directed to place
Docket Entry No. 64 UNDER SEAL.
Also since the July 11, 2014, conference call, the plaintiff has filed a second motion for
sanctions (Docket Entry No. 67), an amended second motion for sanctions (Docket Entry No. 68),
and a motion for hearing on the plaintiff's second motion for sanctions (Docket Entry No. 69).
Inasmuch as the plaintiff filed an amended second motion for sanctions, the second motion
for sanctions (Docket Entry No. 67) is DENIED as MOOT.
The plaintiff's motion for a hearing (Docket Entry No. 69) is GRANTED.
A hearing is scheduled on Tuesday, August 12, 2014, at 12:00 noon, in Courtroom 764 U.S.
Courthouse, 801 Broadway, Nashville, TN, to address the plaintiff's amended second motion for
sanctions (Docket Entry No. 68). The parties shall also be prepared to address whether they want
to strike the defendants' offer of judgment in its entirety from the record.
The hearing may be held telephonically, at the plaintiff's option, to be initiated by plaintiff's
counsel.
2

If this date and time presents scheduling conflicts for counsel, they shall confer and call
Ms. Jeanne Cox, Courtroom Deputy, to reschedule.
The Court strongly encourages defendants' counsel to initiate a telephone conversation with
plaintiff's counsel to attempt to resolve the remaining issues prior to August 12, 2014.
It is so ORDERED.

JULIET GRIFFIN
United States Magistrate Judge

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