Tankesly v. Corrections Corporation of America et al

Filing 206

ORDER setting out new deadlines for the case. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Brown, Joe)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CALVIN TANKESLY, JR.,

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Plaintiff
v.
CORRECTIONS CORPORATION OF
AMERICA, et al.,
Defendants

No. 3:14-0911
Judge Trauger/Brown
Jury Demand

O R D E R
A lengthy telephone conference was held with the parties
in

this matter

on

January

27,

2016,

in

order

to

set

a

new

scheduling order. There are three Defendants remaining in this
case. Dr.

Coble

is

the

only

plaintiff

currently

employed

by

Corrections Medical Associates (CMA).
The Plaintiff filed a motion to compel earlier last year
(Docket Entry 136). That motion was never ruled on at the time
because of the Magistrate Judge’s report and recommendation that
the case be dismissed. The Plaintiff should resubmit his discovery
requests to the Defendants limited to the present defendants and
keeping in mind the guidance provided during the call about being
specific and limited to the present defendants. If he is not
satisfied with the answers he should file a motion to compel. If
the Plaintiff files a motion to compel, for each item he complains
about, he should set out his request, the Defendant’s response, and
a short statement as to why he believes the response is inadequate.

The Magistrate Judge will then be in a position to rule once the
Defendants have responded.
All
Dispositive

discovery

motions

may

will

be

remain
due

open

June

until

30,

May

2016.

20,

2016.

Responses

to

dispositive motions shall be filed within 28 days after service.
Briefs shall not exceed 25 pages without leave of Court. Optional
replies, limited to five pages, shall be filed within 14 days after
service of the response. If dispositive motions are filed early,
the response and reply dates are moved up accordingly.
The Plaintiff advised that he is subject to periodic lock
downs and is subject to being moved for medical treatment. The
Magistrate Judge will certainly consider granting extensions to
deadlines for good cause shown. The Plaintiff is cautioned that he
should not wait until after a deadline has passed to seek an
extension.
The Plaintiff advised that he might want to seek the
deposition of some physicians. Although the Plaintiff has been
allowed

to

proceed

in

forma

pauperis

this

does

not

provide

authority to pay fees related to the subpoena of a nonparty, or the
fees for an independent expert for the Plaintiff. The Plaintiff
would be entitled to take the deposition of the three Defendants in
the case. However, he will need to make arrangements for the taking
of such a deposition and secure court permission by submitting a
motion to take the deposition with a statement of why it is needed.

2

The Plaintiff advised that he might well be moved to
Nashville for medical treatment. If possible, the parties should
see if any deposition of the parties in the Nashville area could be
taken while the Plaintiff was here. The Defendants have indicated
that they wish to take the Plaintiff’s deposition and they may do
so. They should give the Plaintiff at least seven days’ notice
before the deposition.
The Plaintiff mentioned that he might wish to seek an
amendment to his complaint. The Plaintiff may file a motion to
amend his complaint. If he does so, he should attach to his motion
a proposed complaint which is complete in and of itself, and in his
motion he should point out what he seeks to amend and why. The
Plaintiff is cautioned that adding new defendants will be difficult
given the fact that the statute of limitations in all likelihood
will have run on any new defendants.
The Magistrate Judge believes that this case will take
two or three days to try with a jury and should be ready for trial
on or after December 12, 2016.
It is so ORDERED.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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