Heyne et al v. Metropolitan Nashville Public Schools et al

Filing 72

ORDER: Telephone conference held on 10/15/2012. The Case Management Conference is set for 1/3/2013 at 10:00 AM before Magistrate Judge Joe Brown. The parties should call the Magistrate Judge's conference call number of 615/695-2851 at that time. Signed by Magistrate Judge Joe Brown on 10/16/12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CHRISTIAN HEYNE, et al.,

)
)
Plaintiffs,
)
)
v.
)
)
THE METROPOLITAN BOARD OF PUBLIC)
EDUCATION, et al.,
)
)
Defendants.
)

NO. 3:09-0847
Judge Campbell/Brown
Jury Demand

O R D E R
A telephone conference was held with the parties in this
matter on October 15, 2012.

Plaintiffs’ counsel advised that they

were considering whether to file a petition for certiorari with
United States Supreme Court.

The defendants advised that they

would be contending that estoppel would bar the plaintiffs’ claim
in view of the Tennessee Supreme Court ruling on due process.
Plaintiffs’ counsel advised that they were aware of this argument
and were evaluating the entire case.

Given the time and money

already spent in this litigation the Magistrate Judge will continue
the case management conference until January 3, 2013, at 10:00 a.m.
The parties should call the Magistrate Judge’s conference call
number of 615/695-2851 at that time.
Should the plaintiffs make an earlier decision not to
apply for certiorari, they are directed to advise the Magistrate
Judge immediately so that an earlier case management conference
could be scheduled.

Judge Campbell has lifted stays in this matters and the
parties are not precluded from conducting further proceedings prior
to the January 3, 2013, case management conference.
It is so ORDERED.
s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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