Roan v. Sonic Restaurants, Inc. et al

Filing 12

SCHEDULING ORDER: Motion to Amend Pleadings due by 1/28/2013. Discovery due by 5/28/2013. Dispositive Motions due by 6/28/2013. Signed by Magistrate Judge E. Clifton Knowles on 11/27/12. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

PATRICK ROAN
vs.
SONIC RESTAURANTS, INC.

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Civil Action No. 3:12-0982
Judge Sharp/Knowles

SCHEDULING ORDER
Pursuant to Federal Rule of Civil Procedure 16(b), all
pretrial preparation in this action shall take place according to
the following schedule.
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 any filing made with the Court be sent to the opposing party
or their 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 which 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 they send to the Court.

It is not the

Court's responsibility to provide free copies of any documents to
the parties.
in the

If a party desires to obtain a copy of a document

official court

file, the

party should

contact the

clerk's office, with the docket entry number of the document if
possible, about obtaining copies.

The cost of copying is .50¢

per page.
Each party is required to keep both the Court and the
opposing party or their counsel informed of their current
address.

A plaintiff's failure to keep the Court informed of

his/her current address may result in a recommendation that his
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 January 28, 2013, to move to

amend the pleadings.
Discovery
All discovery shall be completed by May 28, 2013.

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
prior to the completion deadline.
discovery

can be made

For example, serving written

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.
Any party seeking to serve written discovery

upon another

party which 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 this action
is not stayed upon the filing of any motion unless specifically
ordered by the Court.
Discovery Motions
All discovery motions must be filed June 11, 2013.

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 Rule of Civil Procedure.
Dispositive Motions
All dispositive motions to dismiss and for summary judgment
shall be filed by June 28, 2013.

Responses to any dispositive

motions shall be filed within thirty (30) days.

Plaintiff is

forewarned that dispositive motions must be responded to within
thirty (30) days 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.
may not just rely on the complaint.

In responding, plaintiff

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 Civil Procedure 56 and Local Rule
56.01.
Other Motions
Any

other motions (other than in limine or related to trial

matters) must be filed by June 28, 2013.
Trial Date
The Magistrate Judge suggests a target trial date in this
action of November 19, 2013.

A jury demand has not been made any

party in this case.
SO ORDERED.

E. CLIFTON KNOWLES
United States Magistrate Judge