Kaylor et al v. Wal-Mart Stores East, L.P.

Filing 9

ORDER: Jury Trial set 5/13/2014 at 9:00 AM; Pretrial Conference set 4/21/2014 at 1:30 PM before District Judge Kevin H. Sharp. Signed by Magistrate Judge Juliet E. Griffin on 11/19./12. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DONNA KAYLOR; and MATTHEW
KAYLOR
v.
WAL-MART STORES INC. a/k/a
Wal-Mart Stores East, Inc.

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No. 3-12-0856

ORDER
By contemporaneously entered order, the Court has approved and entered the parties'
proposed initial case management order, with insertions and modifications addressed at the initial
case management conference held on November 14, 2012. Those insertions, modifications, and
other matters addressed on November 14, 2012, are as follows:
1.

Plaintiff's counsel agreed that the proper defendant is Wal-Mart Stores East, L.P.

Therefore, the Clerk is directed to terminate Wal-Mart Stores Inc. a/k/a Wal-Mart Stores
East, Inc. as the defendant in this case and to substitute therefor Wal-Mart Stores East, L.P.
2.

All fact discovery shall be completed by July 1, 2013. That means that all written

discovery shall be served in sufficient time so that responses will be served by July 1, 2013.
3.

Any discovery motion relating to fact discovery shall be filed by August 1, 2013.

Alternatively, counsel shall, by August 1, 2013, schedule a telephone conference call with the
Magistrate Judge to address any discovery issue or dispute.
4.

Any motions to amend the pleadings shall be filed by August 1, 2013.

5.

The plaintiff shall have until July 1, 2013, to serve expert disclosures in accord with

Rule 26(a)(2)(B)-(C) of the Federal Rules of Civil Procedure.
6.

The defendant shall have until August 15, 2013, to serve Rule 26(a)(2)(B)-(C) expert

disclosures.
7.

Any rebuttal expert disclosures shall be served by September 13, 2013.

8.

All depositions of experts shall be completed by November 1, 2013.

9.

The parties shall file a joint mediation report by November 29, 2013, indicating

whether or not they have engaged in settlement discussions, whether they believe that there is
potential for settlement, and, if so, whether they believe that they will be able to resolve the case
themselves or whether they believe that ADR would be necessary or productive, and, if so, what
form of ADR, with whom, and when they want to participate in ADR.
10.

Any dispositive motion shall be filed by December 31, 2013. Any response shall be

filed within 21 days of the filing of the motion, or by January 21, 2014, if the motion is filed on
December 31, 2013. Any reply, if necessary, shall be filed within 14 days of the filing of the
response or by February 4, 2014, if the response is filed on January 21, 2014.
No other filings in support of or in opposition to any dispositive motion shall be made after
February 4, 2014, except with the express permission of the Honorable Kevin H. Sharp.
Memoranda in support of or in opposition to any dispositive motion shall not exceed
twenty (20) pages.
There shall be no stay of discovery before the July 1, 2013, deadline for completion of fact
discovery or the November 1, 2013, deadline for completion of expert discovery even if a dispositive
motion is filed prior thereto.
In consultation with Judge Sharp's office, a jury trial is scheduled on Tuesday, May 13,
2014, at 9:00 a.m., in Courtroom A-826, U.S. Courthouse, 801 Broadway, Nashville, TN. The
parties estimate that the trial will last three (3) days.
A pretrial conference is also scheduled before Judge Sharp on Monday, April 21, 2014, at
1:30 p.m., in Courtroom A-826.
The parties' obligations prior to the pretrial conference will be set forth by order entered
closer to the trial date.
It is so ORDERED.
JULIET GRIFFIN
United States Magistrate Judge
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