Mansfield v. The Home Depot, U.S.A., Inc.

Filing 43

ORDER: Telephone conference held on 4/3/14. The Defendant may schedule an IME and the Magistrate Judge recommends they do so as soon as practicable. The Magistrate Judge will not require the Plaintiff to delay surgery given his back pain, pending t he completion of an IME. If the IME can be completed before he undergoes a second surgery, so be it. Because of the likelihood of this second surgery, it appears that the present discovery deadlines 28 must be extended. Discovery may continue until new dates are set. Signed by Magistrate Judge Joe Brown on 4/4/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JOSEPH F. MANSFIELD,

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Plaintiff
v.
THE HOME DEPOT U.S.A., INC.,
Defendant

No. 3:13-0228
Judge Campbell/Brown
Jury Demand

O R D E R
A telephone conference was held at the request of the
parties in this matter on April 3, 2014. The parties advised that
Plaintiff still has serious back pain following surgery on his
back. He advised that he is continuing to meet with his doctors. He
has scheduled an additional MRI and may elect to have additional
surgery.

Scheduling

of

his

additional

surgery

is

somewhat

problematic because his previous surgery had to be delayed at one
point because of a low platelet count.
The Defendant advised that they wanted to take an IME of
the Plaintiff before he had the second surgery, as part of their
defense is that some or all of the back injury may not be related
to the accident at Home Depot as he alleges.
The Defendant may schedule an IME and the Magistrate
Judge recommends they do so as soon as practicable. The Magistrate
Judge will not require the Plaintiff to delay surgery given his
back pain, pending the completion of an IME. If the IME can be
completed before he undergoes a second surgery, so be it.
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Because of the likelihood of this second surgery, it
appears that the present discovery deadlines(Docket Entry 28) must
be extended. Discovery may continue until new dates are set.
As soon as the issue of the Plaintiff’s surgery is
resolved, and a time frame for his maximum medical recovery can be
estimated, the parties are directed to contact the Magistrate Judge
for new discovery deadlines. In all likelihood the Magistrate Judge
will have to request a new trial date from Judge Campbell if the
parties contemplate dispositive motions.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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