Wayman v. Arnold et al

Filing 15

SCHEDULING ORDER: Motion to Amend Pleadings due by 8/4/2014. Discovery due by 9/8/2014. Dispositive Motions due by 9/16/2014. Non-Jury Evidentiary Hearing set for 11/7/2014 at 9:00 AM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 6/3/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
WILLIAM D. WAYMAN
v.
ROBERT ARNOLD, Sheriff

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NO. 3:14-0954

SCHEDULING ORDER
Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, all pretrial preparation
in this action shall take place according to the following schedule.
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 any filing made with the Court be sent to the
opposing party or their 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 which 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, about obtaining copies. The cost of copying is .50¢ per page.
The parties are required to keep both the Court and the opposing party or its counsel
informed of their current addresses. The plaintiff's failure to keep the Court informed of his

current address may result in a recommendation that this 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 August 4, 2014, to move to amend the pleadings.
Discovery
All discovery shall be completed by September 8, 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 requests upon another party which
would result in responses being served after the 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 filed as
an attachment to a motion. A Court order is not required for a party to engage in discovery

and discovery is not stayed upon the filing of any motion unless specifically ordered by the
Court.
Discovery Motions
All discovery motions must be filed by September 8, 2014. All discovery motions
must comply with the applicable requirements contained in Rules 26- 37 of the Federal Rules
of Civil Procedure and Rule 37.01 of the Local Rules of Court.
Dispositive Motions
All dispositive motions to dismiss and for summary judgment shall be filed by
September 16, 2014.
Evidentiary Hearing
A non-jury evidentiary hearing will commence at 9:00 a.m., Friday, November 7, 2014,
in Courtroom No. 764, U.S. Courthouse, 801 Broadway, Nashville, Tennessee, after which the
Magistrate Judge will make a Report and Recommendation to the District Judge regarding
whether plaintiff’s claims are meritorious and should be presented at a trial.
Each party shall also submit a pre-hearing order one week prior to the date of the
hearing, which shall succinctly state the issues and contentions of the parties.
Plaintiff is hereby advised that, while he will be able to testify in his own behalf at said
hearing, he also has the right to call other witnesses to support his case.
If he wants any witnesses to testify at the hearing, the plaintiff is hereby ORDERED
to inform the Court at least thirty (30) days prior to the hearing date what witnesses other
than himself, if any, he desires to call at the hearing. 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 will not be tolerated, and if it is determined at the hearing 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 hearing.
An Order to Produce plaintiff for the hearing, as well as subpoenas for the witnesses
plaintiff has requested, will be entered at the appropriate time.
So ORDERED.

JULIET GRIFFIN
United States Magistrate Judge