Holt v. Jones et al

Filing 16

SCHEDULING ORDER: Motion to Amend Pleadings due by 11/8/2010. Discovery due by 12/8/2010. Dispositive Motions due by 1/10/2011. Signed by Magistrate Judge John S. Bryant on 9/9/10. (xc:Pro se party by regular and certified mail.)(dt)

Holt v. Jones et al

Doc. 16

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION GARY WILLIAM HOLT, Plaintiff, v. J. PHILLIP JONES, et al., Defendants. ) ) ) ) ) ) ) ) )

NO. 3:10-0549 Judge Campbell/Bryant Jury Demand

SCHEDULING ORDER Counsel plaintiff's for the defendants Entry has No. filed 15). an The answer to

complaint

(Docket

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

Dockets.Justia.com

possible, to request a copy. document is 10¢ per page,

The cost of an electronically filed 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 November 8, 2010, to move to amend the pleadings. Discovery All discovery shall be completed by December 8, 2010. 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 may result in discovery being denied to the requesting party.

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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 December 8, 2010. 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 without discovery dispute the related motion shall be filed and

first

contacting

Magistrate

Judge's

office

scheduling a telephone conference with the Magistrate Judge about the dispute.

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Dispositive Motions All dispositive motions to dismiss or for summary

judgment shall be filed by January 10, 2011.

Responses shall be

due by February 7, 2011, and replies, if any, limited to five (5) pages, shall be due by March 21, 2011. Plaintiff is forewarned

that dispositive motions must be responded to by February 7, 2011, 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. on his complaint. In responding, plaintiff may not just rely

Plaintiff must show there is a material dispute

of fact with citation to the record, affidavits or other matter of evidence. Plaintiff should read and comply with Federal Rule of If dispositive

Civil Procedure 56 and Local Rule LR 56.01(a).

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 January 10, 2011. This matter has not been set for trial but will be ready for a jury trial after August 4, 2011. It is so ORDERED. s/ John S. Bryant JOHN S. BRYANT United States Magistrate Judge 4