Zimbler v. Social Security Administration

Filing 10

***DISREGARD - DOCKETED IN ERROR*** INITIAL CASE MANAGEMENT ORDER: Jury Trial set for 9/23/2015 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 9/11/2015 at 10:00 AM before Senior Judge John T. Nixon. Motions to Amend due by 7/18/2014. Discovery due by 1/30/2015. Dispositive Motions due by 2/27/2015. Signed by Magistrate Judge John S. Bryant on 7/2/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) Modified on 7/2/2014 (ds).

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE AT NASHVILLE

AMANDA CONKLIN
Plaintiff,
v.
AMERICAN NATIONAL PROCESSING
Defendant.

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Civil Action No. 3:14cv1069
Jury Trial Demanded
JUDGE NIXON
MAGISTRATE JUDGE BRYANT

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PROPOSED INITIAL CASE MANAGEMENT ORDER
In accordance with Local Rule 16.01, the parties respectfully submit the following
proposed Case Management Order:
I.

Jurisdiction and Venue
Plaintiff contends the Court has subject matter jurisdiction over Plaintiff’s claims pursuant

to 42 U.S.C. § 2000e-5(f)(3). Defendant does not contest jurisdiction or venue.
II.

Plaintiff’s Theory of the Case
Plaintiff alleges Plaintiff seeks a judgment against the Defendant for violations of Title

VII of the Civil Right Act of 1964 (“Title VII”), the Pregnancy Discrimination Act, and the
Tennessee Human Rights Act, for alleged employment discrimination, plus court costs and
attorneys’ fees.
III.

Defendant’s Theory of the Case
Defendant denies that it discriminated or harassed Plaintiff in violation of Title VII, the

Pregnancy Discrimination Act, or the Tennessee Human Rights Act. Defendant denies that
Plaintiff was harmed in any way by any unlawful conduct of Defendant. In addition, Defendant

claims that Plaintiff’s claims for violations of the Tennessee Human Rights Act are barred by the
one-year statute of limitations provided in Tenn. Code Ann. § 4-21-311.
IV.

Identification of Issues
The parties have addressed the issues enumerated in Fed. R. Civ. P. 26(f) and Local Rule

16.01(d)(1)(c) and represent:
a.

All parties have been properly served with process;

b.

Defendant filed an Answer as well as a motion to dismiss Plaintiff’s THRA claims

on June 20th, 2014;
c.

The parties have agreed to the necessary limitation on and timing of discovery as

further discussed in this Order;
d.

The parties agree to the proposed target trial date as specified below;

e.

Other than with respect to jurisdiction and venue, all other issues with respect to

substantive claims, defenses, and damages remain unresolved.
f.

The parties agree that settlement is not possible at this time, but they agree the

procedures for requesting and holding a settlement conference or ADR process, if necessary, as
discussed further below;
g.

The parties state that there is no need to adopt special procedures for this case as

contemplated by Local Rule 16.01(d)(1)(c)(6).;
h.

The parties state that they will address, in good faith, the matters enumerated in

L.R. 16.01(d)(1)(c)(7) as those issues arise during the course of discovery in this case;
i.

The parties do not anticipate any special issues that will arise concerning the

disclosure or discovery of electronically stored information, but states that any such information

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will be produced, at the sole discretion of the producing party, either (1) in the form it is maintained
by the producing party, (2) as a .TIFF file, or (3) in paper format;
j.

The parties do not anticipate any unique issues with regard to claims of privilege

or of protection as trial-protection materials; if a party chooses to assert a claim of privilege or
protection, they shall do so in the manner required by the Federal Rules of Civil Procedure and in
compliance with the Local Rules and this Order; and
k.

The parties do not request any changes in the limitations on discovery imposed

under the Federal Rules of Civil Procedure and the Local Rules of this Court.

V.

NEED FOR OTHER CLAIMS OR SPECIAL ISSUES UNDER RULES 13-15, 1721, AND RULE 23 OF THE F.R.C.P.

The parties do not anticipate the need to file counterclaims, cross-claims, third-party
claims, amended pleadings, motions for joinder of parties and/or claims, etc. at this time.
However, the Plaintiff reserves the right to file any motion or pleading as she deems necessary in
light of issues uncovered during the discovery process, to the extent permitted by the United States
Code, the Federal Rules of Civil Procedure, and the Local Rules of the United States District Court
for the Middle District of Tennessee and subject to the objection of the other party. Defendant
likewise reserves the right to assert or retract any affirmative defenses or to bring any
counterclaims as deemed necessary pursuant to ongoing investigation of this matter and the
discovery process.

VI.

WITNESSES, IF KNOWN, SUBJECT TO SUPPLEMENTATION OF EACH
PARTY:
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1.

PLAINTIFF:
a. Amanda Conklin
b. Michael Winters
c. All witnesses identified by all parties to this litigation.
d. Plaintiff reserves the right to supplement this list at a later time.

2. DEFENDANT:
a. Amanda Conklin
b. Michael Winters
c. All witnesses identified by all parties to this litigation;
d. Defendant reserves the right to supplement this list at a later time.
VII.

INITIAL DISCLOSURES AND STAGING OF DISCOVERY:
1. Discovery will be sought regarding the alleged claims and defenses, including damages.
Further, written discovery and depositions of fact and expert witnesses may be necessary.
2. The parties must make their initial disclosures by August 1, 2014.
3. The parties shall complete all discovery in this matter on or before January 30, 2015
a.

All written discovery shall be served in time so that responses will be due on or
before January 30, 2015.

b.

All depositions of fact or expert witnesses shall occur on or before January 30,
2015.

4. No motions concerning discovery are to be filed until after the parties have conferred in
good faith and, unable to resolve their differences, have scheduled and participated in a
conference telephone call with Magistrate Judge Bryant.

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5. By October 31, 2014 the Plaintiff shall declare to the Defendant (not to be filed with the
Court) the identity of his expert witnesses and provide all the information specified in
Fed. R. Civ. P. 26(a)(2)(B).
6. By November 28, 2014 the Defendant shall declare to the Plaintiff (not to be filed with
the Court) the identity of their expert witnesses and provide all the information specified
in Fed. R. Civ. P. 26(a)(2)(B).
7. Discovery related motions are due on or before February 6, 2015.
8. Discovery is not stayed during dispositive motions, unless ordered by the Court.
VII.

DISPOSITIVE MOTIONS:
Any further dispositive motions (limit 25 pages) shall be filed by February 27, 2015.
Responses (limit 25 pages) should be filed by 21 days after the timely filing of the
dispositive motions (March 20, 2015). Replies (limit 5 pages) shall be filed by within 14
days after the filing of the response (April 3, 2015). If dispositive motions are filed early,
the response and reply dates are moved up accordingly.

VIII. MOTIONS TO AMEND:
The parties shall file all Motions to Amend on or before July 18, 2014.
IX.

ALTERNATIVE DISPUTE RESOLUTION:
a.

Until the parties conduct discovery in this matter, they are unable to determine if a

settlement conference or scheduling of an ADR program (whether a Court-provided program or
otherwise) will be appropriate in this case. If appropriate, the parties will notify the Court of their
desire to schedule a settlement conference and/or the time frame for utilizing any ADR program
provided by the Court or, if agreed upon by the parties, any ADR program not provided by the
Court.

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b.

Should subsequent case management conferences be needed, the parties will notify

the court approximately 30 days before the close of discovery that a conference will be conducted
via telephone with the call being initiated by the party requesting the subsequent conference.
X.

TARGETED TRIAL DATE:
Jury trial is set to begin on September 23, 2015, at 9:00 a.m. before Judge Nixon. A

pretrial conference shall be held on September 11, 2015, at 10:00 a.m. before Judge Nixon.
The parties expect the trial to last approximately 2-3 days.

It is so ORDERED.

s/ John S. Bryant
JUDGE BRYANT
U.S. Magistrate Judge

APPROVED FOR ENTRY:

/s/ Luke D. Bottorff
Luke D. Bottorff
Michael McNulty
Attorneys for Plaintiff

/s/ Kara E. Shea
Kara E. Shea
Valeria E. Gomez
Attorneys for Defendant

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