McGowan v. Mitchell et al

Filing 124

ORDER: The final pretrial conference is hereby scheduled before Magistrate Judge E. Clifton Knowles on Wednesday, July 1, 2015 at 10:00 a.m. in Courtroom No. 661, U.S. Courthouse, 801 Broadway, Nashville, Tennessee. The plaintiff is hereby ORDERE D to inform the Court by June 24, 2015, what witnesses other than himself, if any, he desires to call at the trial. Defendants are hereby instructed to prepare a proposed final pretrial order for this action to be filed with the Court by June 17, 2015. A copy of the proposed pretrial order shall be forwarded to Plaintiff no later June 24, 2015, so that Plaintiff may review the Order and determine what, if any, changes and/or additions he may wish to make. No later than June 24, 2015, Plai ntiff shall also file with the Court a list of his proposed trial exhibits. An Order to Produce plaintiff for the final pretrial conference and the jury trial, as well as subpoenas for the witnesses plaintiff has requested, will be entered at the appropriate time. Signed by Magistrate Judge E. Clifton Knowles on 8/11/2014. (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

JOHNNY L. McGOWAN, JR.
vs.
DR. O. OSBORNE, et al.

)
)
)
)
)

Civil Action No. 3:14-0578
Judge Trauger/Knowles

ORDER

By Order of Judge Trauger entered on June 19, 2014 (Docket Entry No. 85), this action
was scheduled for a jury trial on July 21, 2015, at 9:00 a.m. The final pretrial conference is
hereby scheduled before the undersigned on Wednesday, July 1, 2015, at 10:00 a.m. in
Courtroom No. 661, U.S. Courthouse, 801 Broadway, Nashville, Tennessee.
Plaintiff is hereby advised that, while he will be able to testify in his own behalf at the
jury trial in this matter, he also has the right to call other witnesses to support his case.
If he wants any witnesses to testify at the trial, the plaintiff is hereby ORDERED to
inform the Court by June 24, 2015, what witnesses other than himself, if any, he desires to call
at the trial. Plaintiff shall specify each witness by name, address or place of employment or
both, and articulate what the anticipated testimony of each witness will be. Plaintiff is advised
that subpoenas will issue only as to those potential witnesses who are alleged to advance his
claim for relief. The calling of frivolous witnesses, especially other incarcerated inmates, will
not be tolerated, and if it is determined at the trial that plaintiff misled the Court as to a
witnesses' expected testimony, the costs of producing said witness may be placed on plaintiff.
Plaintiff is warned that his failure to comply with this Order will result in the denial of
any request to produce witnesses made on the date of the trial.

Defendants are hereby instructed to prepare a proposed final pretrial order for this action,
which shall contain concise statements of the theories of all the parties in the case. The pretrial
order shall also contain the defendants’ list of witnesses expected to be called at trial and their
list of exhibits proposed for introduction at trial. This shall be filed with the Court by June 17,
2015. A copy of the proposed pretrial order shall be forwarded to Plaintiff no later June 24,
2015, so that Plaintiff may review the Order and determine what, if any, changes and/or
additions he may wish to make. Plaintiff shall present to the Court any additions or changes at
the pretrial conference. A final pretrial order will be finalized at the pretrial conference.
Notwithstanding these instructions, the parties may confer prior to the pretrial conference in
order to jointly submit the final proposed pretrial order at the pretrial conference.
No later than June 24, 2015, Plaintiff shall also file with the Court a list of his proposed
trial exhibits. The parties shall also bring to the pretrial conference their proposed trial exhibits.
An Order to Produce plaintiff for the final pretrial conference and the jury trial, as well as
subpoenas for the witnesses plaintiff has requested, will be entered at the appropriate time.
So ORDERED.

E. CLIFTON KNOWLES
United States Magistrate Judge