Summerrow v. Chattanooga Boiler and Tank et al

Filing 43

ORDER denying 41 Motion for Rule 16 Telephone Conference or to Ascertain Status. Signed by District Judge Aleta A. Trauger on 9/9/2014. (xc:Pro se party by regular and certified mail.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
)
)
Plaintiff,
)
v.
)
)
CHATTANOOGA
BOILER
AND )
TANK, and TOM SCHULL and MIKE )
McMINN, individually,
)
)
Defendants.
)

Motion DENIED.

JULIUS SUMMERROW,

No. 3:13-cv-0297
Judge Aleta Trauger
Magistrate Judge John Bryant

DEFENDANTS’ MOTION FOR RULE 16 TELEPHONE CONFERENCE
OR TO ASCERTAIN STATUS
Defendants, CBT Manufacturing, Inc., improperly identified in the Complaint as
Chattanooga Boiler and Tank, Tom Shull1 and Mike McMinn, respectfully file this Motion for
Rule 16 Telephone Conference or to Ascertain Status to address pending issues in this case.
1. On August 20, 2013, the Court set a trial date of October 7, 2014. (ECF No. 14).
2. Defendants filed a Motion to Dismiss the claims against the individual Defendants on
September 23, 2013. (ECF No. 21).
3. An Agreed Stipulation of Dismissal as to the individual Defendants was filed on
November 6, 2013. (ECF No. 27).
4. Defendants filed a Motion for Summary Judgment with respect to all claims on May
20, 2014. (ECF No. 33). No response has been filed.
5. Instead, Plaintiff’s counsel filed his Motion to Withdraw on June 17, 2014. (ECF No.
34). That motion has been granted. (ECF No. 39).
6. At the same time, Plaintiff’s counsel moved for a stay of proceedings. That motion
has been denied. (ECF No. 39).

3033505.1