Parker v. Metropolitan Government of Nashville and Davidson County, Tennessee

Filing 13

INITIAL CASE MANAGEMENT ORDER: Motion to Amend Pleadings due by 11/21/2014. Discovery due by 12/19/2014. Dispositive Motions due by 5/11/2015. Telephone Conference set for 11/3/2014 10:00 AM before Magistrate Judge Joe Brown. To participate in t he conference call, parties will call 615-695-2851 at the scheduled time. Jury Trial set for 11/3/2015 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 10/26/2015 at 10:00 AM before Senior Judge John T. Nixon. Signed by Magistrate Judge Joe Brown on 6/18/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE
CHRIS PARKER,
Plaintiff

v.
METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON
COUNTY, TENNESSEE

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No. 3:14-0959
JUDGE NIXON/BROWN
Jury Demand

Defendant
INITIAL CASE MANAGEMENT ORDER
Pursuant to Local Rule 16.01(d)(2), the following Initial Case Management Plan
is adopted.
A. JURISDICTION:

The court has jurisdiction pursuant to 28 U.S.C § 1331 and the

Civil Rights Act of 1991 and Americans with Disabilities Act as amended and Common Law
Retaliation.
B. BRIEF THEORIES OF THE PARTIES:
1) PLAINTIFF:
Plaintiff was hired by Metro on January 1, 2008. He most recently worked as a Sheriff
and Correctional Officer 2. Plaintiff performed the job duties and responsibilities he was hired to
perform with Metro, and had not received any complaints about his performance. In May 2011
Plaintiff was attacked by an inmate while on duty, and in June 2011 Plaintiff used FMLA leave
to receive treatment for psychological injuries. Prior to his return to duty, Plaintiff applied for a
transfer to another department within Metro. Plaintiff was denied a transfer and upon his return
to duty after FMLA leave he was assigned to the fifth floor of the CJC.

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In September 2011 Plaintiff was assaulted yet again by an inmate and while on the
ground was rushed by a group of 30 or more inmates. Plaintiff was able to defend himself and
the crowd dispersed. He suffered physical injuries during this attack.
In January 2012 Plaintiff again requested a transfer and was again denied a transfer. On
January 15, 2012 Plaintiff applied for one week of leave due the tremendous stress, anxiety and
distress he was suffering at work. This request for leave was denied. After one other incident
involving a confrontation with an inmate, Defendant ordered Plaintiff to undergo a psychological
exam. Plaintiff was diagnosed with post-traumatic stress disorder (“PTSD”) and suffering from a
major depressive episode, chronic pain in his jaw and right hand/wrist resulting from the two onthe-job assaults, gastrointestinal distress and insomnia. In February 2012, Plaintiff again applied
for leave under the Family Medical Leave Act to receive treatment for the psychological injuries
he suffered due to the two incidents described above. Plaintiff was on leave for approximately
six (6) weeks beginning March 18, 2012. Plaintiff was released by his doctor to return to work
on May 6, 2012. On May 6, 2012, Dr. Virts recommended that Plaintiff remain off work for
another six weeks. On May 7, 2012, Metro terminated Plaintiff’s employment. On May 15, 2012
Plaintiff submitted an Injury on Duty (“IOD”) form listing his injury as mental, affecting his
brain, as a result of the PTSD from which he was suffering. On May 30, 2012 Metro rescinded
Plaintiff’s termination and he was returned to Metro’s roster on leave without pay. On September
29, 2012 Plaintiff was terminated.
2) 

DEFENDANT:

Defendant contends that all actions taken by the Metropolitan Government with regard to
Plaintiff were for legitimate, non-discriminatory and non-retaliatory reasons unrelated to
Plaintiff’s disability or exercise of rights under the FMLA.

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C. ISSUES RESOLVED: Jurisdiction and venue.
D. ISSUES STILL IN DISPUTE: Liability and damages.
E. INITIAL DISCLOSURES: The parties shall exchange initial disclosures pursuant to
FED. R. CIV. P. (26)(a)(1) on or before July 17, 2014.
F. DISCOVERY: The parties shall complete all written discovery on or before December
19, 2014. The parties shall depose all fact witnesses on or before April 10, 2015. Discovery is
not stayed during dispositive motions, unless ordered by the court. Prior to filing any discoveryrelated motions the parties will schedule and conduct a telephone conference with the
Magistrate Judge. No motions concerning discovery are to be filed until after the parties have
conferred in good faith.
G. MOTIONS TO AMEND: The parties shall file all Motions to Amend on or before
November 21, 2014.
H. DISCLOSURE OF EXPERTS: The plaintiff shall identify and disclose all expert
witnesses and expert reports on or before January 23, 2015. The defendant shall identify and
disclose all expert witnesses and reports on or before February 23, 2015.
I. DEPOSITIONS OF EXPERT WITNESSES: The parties shall depose all expert witnesses
on or before April 10, 2015.
J. DISPOSITIVE MOTIONS: The parties shall file all dispositive motions on or before
May 11, 2015. 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,

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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.
K. ELECTRONIC DISCOVERY: The parties have reached agreements on how to conduct
electronic discovery. Therefore, the default standard contained in Administrative Order no. 174
need not apply to this case.
L. SUBSEQUENT CASE MANAGEMENT CONFERENCE: A telephone conference with
Magistrate Judge Brown to discuss case progress and alternative dispute resolution is set for
November 3, 2014 at 10:00 a.m. To participate in the conference call, parties will call 615695-2851 at the scheduled time.
M. TRIAL DATE AND ESTIMATED TRIAL TIME: The parties estimate that this jury trial
will take three to four days, depending on what issues remain for trial. After consulting with
Judge Nixon’s courtroom deputy, this matter is set for trial on November 3, 2015, at 9:00 a.m.
Judge Nixon will conduct the final pretrial conference on October 26, 2015, at 10:00 a.m.
Judge Nixon will issue a separate order covering his requirements for the final pretrial
conference and the trial.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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