Liberty v. Nashville Senior Care, LLC et al

Filing 40

ORDER: Telephone conference held on 3/17/2014. Expert discovery may remainopen until the close of all discovery on 6/27/2014. Plaintiff may file a motion to amend the complaint, accompanied by the actual amended complaint, no later than two weeks after the Defendant has made their Rule 26 expertdisclosures. Signed by Magistrate Judge Joe Brown on 3/18/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
PATRICIA LIBERTY, as wife and
personal representative of
ANDREW LIBERTY, deceased,
Plaintiff
v.
NASHVILLE SENIOR CAR, LLD
d/b/a McKENDREE VILLAGE,
Defendant

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No. 3:13-0369
Judge Sharp/Brown
Jury Demand

O R D E R
A telephone conference was held with the parties in this
matter on March 17, 2014. As an initial matter, the parties are
still working with expert discovery. Expert discovery may remain
open until the close of all discovery on June 27, 2014. The
Defendant has requested a number of medical records from the
Plaintiff

for

use

by

their

experts.

They

are

providing

the

Plaintiff copies of the records they obtain from other providers
and they have stated that their experts will consider the records
they obtain.
If, based on expert depositions, the parties need to
supplement a previous Rule 26 expert disclosure, they should do so
promptly.
Given the nature of this case, expert witnesses are
important and both sides should make full disclosure of the their
experts’ opinions. If any experts change their opinions through
supplementation, the Magistrate Judge may be willing to allow

additional interrogatories or depositions of an expert solely on
any changed opinion.
Plaintiff’s counsel advised that he would like to file an
amended complaint, which will be consistent with their expert
testimony in this matter. Plaintiff may file a motion to amend the
complaint, accompanied by the actual amended complaint, no later
than two weeks after the Defendant has made their Rule 26 expert
disclosures.
If the parties can agree on the amendment, they should
simply file an agreed amended complaint.
The parties did point out that the scheduling order
(Docket Entry 13) had an error in that it provided motions to amend
to be filed on or before December 1, 2014. The order as should have
provided December 1, 2013. Nevertheless, the Magistrate Judge will
extend the deadline as set out above.
The Magistrate Judge briefly discussed with the parties
the possibility of alternative dispute resolution (ADR). If the
parties believe that ADR would assist them in this matter they
should advise the Magistrate Judge and he will see if he can
arrange a settlement conference with another Magistrate Judge.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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