Driver v. Fabish et al
Filing
62
SCHEDULING ORDER: Amended Pleadings due by 9/26/2014. Discovery due by 11/5/2014. Dispositive Motions due by 12/5/2014 - Responses due by 1/5/2015 - Replies due by 1/19/2015. Signed by Magistrate Judge John S. Bryant on 7/28/2014. (xc:Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DE’MARIO DRIVER #417678,
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Plaintiff
v.
FRANK FABISH, et al.,
Defendants
No. 3:13-1087
Judge Trauger/Bryant
Jury Demand
SCHEDULING ORDER
This
matter
has
been
returned
to
the
undersigned
Magistrate Judge to enter a scheduling order for management of the
case (Docket Entry No. 4). The following scheduling order is
entered:
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
the filing be sent to the opposing party or the party’s 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
that 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 sent to the Court. It is not the
Court's responsibility to provide free copies of any documents to
the parties. If a party desires to obtain a copy of a document in
the official court file, the party should contact the Clerk's
Office, with the docket entry number of the document if possible,
to request a copy. The cost of an electronically filed document is
10¢ per page, or 50¢ per page if it is not electronically filed.
Each party is required to keep both the Court and the
opposing party or the party’s counsel informed of his or her
current address. The Plaintiff's failure to keep the Court informed
of his current address may result in a recommendation that the
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 September 26, 2014, to move
to amend the pleadings.
Discovery
All discovery shall be completed by November 5, 2014. 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 can be made prior
to the completion deadline. For example, serving written discovery
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 that would result in responses being served after the
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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 an action is not
stayed upon the filing of any motion unless specifically ordered by
the Court.
Discovery Motions
All discovery motions must be filed by November 5, 2014.
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
Rules of Civil Procedure. Before any motion related to a discovery
dispute is filed, the parties shall conduct a telephone conference
with the Magistrate Judge about the matter in dispute.
Dispositive Motions
All
dispositive
motions
to
dismiss
or
for
summary
judgment shall be filed by December 5, 2014. Responses shall be due
by January 5, 2015, and replies, if any, limited to five pages,
shall be due by January 19, 2015. Plaintiff is forewarned that
dispositive motions must be responded to by January 5, 2015, 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
3
taking the facts alleged in the matter as true and granting the
relief requested. In responding, Plaintiff may not just rely on his
complaint. 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 LR 56.01(a). If dispositive
motions are filed before the deadline, the deadlines for filing
responses and replies shall be advanced accordingly.
Other Motions
Any other motions (other than in limine or related to
trial matters) must be filed by December 5, 2014.
This matter has not been set for trial but will be ready
for a jury trial after March 20, 2015.
It is so ORDERED.
/s/ John S. Bryant
JOHN S. BRYANT
United States Magistrate Judge
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