United States of America v. Bodie

Filing 16

INITIAL CASE MANAGEMENT ORDER. Signed by Magistrate Judge Joe Brown on 2/20/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRIC COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff
v.
ALPHONSO BODIE,
Defendant

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Case 3:12-0716
Magistrate Judge Brown

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 under 28 U.S.C.A. 1345 (West 2013).

2.

Plaintiff’s theory of the case:

The United States sues to collect an unpaid promissory note of which the Defendant was
the maker. The note is related to a student loan.
3.

Defendant’s theory of the case:

There has been an accord and satisfaction of the payment obligations of the promissory
note and loan. Defendant or others have paid the debt evidenced by the note. Alternatively,
Defendant disputes whether the amount sued-for in the Complaint is the true amount due and
owing by Defendant.
4.

Identification of the issues:

Whether Alphonso Bodie owes the United States on the promissory note sued upon, and,
if so, how much, if anything?

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5.

Need for other claims or special issues under Rules 13-15, 17-21, and Rule 23
of the Federal Rules of Civil Procedure:

The Defendant may seek to join the Defendant’s daughter, Alicia R. Bodie-Henry as a
party.
6.

Witnesses, if known, subject to supplementation by each party.

Business records keeper/Loan Analyst for U.S. Department of Education; Defendant
Bodie; Alicia R. Bodie-Henry.
7.

Initial Disclosures and Staging of Discovery:

The parties waive Rule 26(a). Within twenty-one days from this order, the parties will
initially exchange as informal discovery the materials and types of materials covered in Rule
26(a). Thereafter, the parties will begin formal discovery as needed to supplement initial
disclosures. All formal discovery shall be timely undertaken and completed/answered by both
sides by July 1, 2013.
Prior to filing any discovery-related motion the parties will schedule and conduct
a telephone conference with the Magistrate Judge. 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:

Parties shall file dispositive motions, if any, on, by or before July 31, 2013. Responses
to dispositive motions shall be filed within 28 days after service. Briefs shall not exceed 25
pages without leave of Court. Optional replies, limited to five pages, shall be filed within 14
days after service of the response. If dispositive motions are filed early, the response and reply
dates are moved up accordingly.

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9.

Other Deadlines:

None at this time.
10.

Subsequent Case Management Conferences:

There shall be a subsequent case management conference. The date for this conference
will be set by the Court upon a motion (which may be a joint motion) of either party or both
parties. The parties shall file their motion(s) approximately 60 days before the close of discovery.
The subsequent case management conference will be conducted in Court.
11.

Alternative Dispute Resolution:

The parties do not anticipate using alternative dispute resolution.
12.

Consent to Trial before the Magistrate Judge: Parties consent to trial before the

Magistrate Judge.
13.

Target Trial Date:

The case will be a bench trial and should not be more than one day. If either party files a
dispositive motion on or by July 31, 2013, and that motion does not dispose of the case, then the
parties request a trial date as soon as practicable after the Court rules on the dispositive motion.
If neither party files a dispositive motion on or by July 31, 2013, then the parties request a trial
date as soon after July 31, 2013 as practicable.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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