Carter v. The Lane Construction Corporation

Filing 11

INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 9/2/2014. Discovery due by 2/6/2015. Dispositive Motions due by 3/13/2015. Jury Trial set for 8/11/2015 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 7/24/2015 a t 10:00 AM before Senior Judge John T. Nixon. Counsel should read the order in its entirety for all other deadlines and information. Signed by Magistrate Judge E. Clifton Knowles on 7/14/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TITUS CARTER,
Plaintiff,
vs.
THE LANE CONSTRUCTION
CORPORATION,
Defendant.

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No: 3:14-cv-01129

Judge: Nixon/Knowles

INITIAL CASE MANAGEMENT ORDER
Pursuant to Local Rule 16.01(d), the following Initial Case Management Order will apply
in this case.
A.

JURISDICTION

The Court has subject matter jurisdiction of Plaintiff’s claims pursuant to 28 U.S.C.
§ 1331, and jurisdiction of those claims is not disputed.
B.

PARTIES’ THEORIES, CLAIMS AND DEFENSES

1.

Plaintiff’s Theories and Claims.

Plaintiff suffered harassment, racial discrimination and retaliation while employed by
Defendant. Plaintiff’s Caucasian supervisors and co-workers made racial slurs, threatened and
harassed him on the job. After Plaintiff complained about this behavior, Defendant did not
resolve Plaintiff’s issues and the harassment continued to be an on-going occurrence. The day
after Plaintiff reported another incident of threatening behavior towards him by one of his
Caucasian supervisors, Defendant retaliated against him and terminated Plaintiff while not
terminating the offending supervisor.

2.

Defendant’s Theories and Defenses.

Defendant denies Plaintiff’s material allegations. Plaintiff was not subjected to racial
harassment, discrimination or retaliation.

Plaintiff was terminated for a legitimate non-

discriminatory and non-retaliatory reason when, after he caused a motor vehicle accident at the
worksite, he verbally assaulted and threatened a co-worker with bodily harm.
Many, if not all, of Plaintiff’s claims are time-barred and exceed the scope of his
underlying charge of discrimination.
C.

ISSUES RESOLVED AND ISSUES STILL IN DISPUTE

Resolved Issues: Jurisdiction and Venue
Disputed Issues: Liability and Damages
D.

THE NEED FOR COUNTERCLAIMS, CROSS-CLAIMS, DEADLINE
FOR MOTIONS TO AMEND

The parties are presently unaware of any anticipated counterclaims or cross-claims. The
deadline for filing motions to amend pleadings is 09/02/14.
E.

EXPERT INFORMATION

Plaintiff shall disclose the expert information required by Fed. R. Civ. P. 26(a)(2) on or
before 11/07/14.

Defendant shall disclose the expert information required by Fed. R. Civ.

P. 26(a)(2) on or before, 12/08/14.
F.

DISCOVERY DEADLINES

Initial Disclosures required by Fed. R. Civ. P. 26(a)(1) shall be made by 7/31/14. All
discovery shall be completed by 2/06/15. All discovery motions shall be filed by 2/13/15.
G.

DEADLINE FOR DISPOSITIVE MOTIONS

Dispositive motions shall be filed on or before 3/13/15. Any response shall be filed
within 21 days after the motion is filed. Any reply shall be filed within 14 days after the response

is filed.
H.

TRIAL

This case is scheduled for trial on August 11, 2015. The trial is expected to last
The pretrial conference is set for July 24, 2015, at 10:00 a.m.
two days to three days.
It is so ORDERED.
This ______ day of July, 2014.

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E. CLIFTON KNOWLES
UNITED STATES MAGISTRATE JUDGE
APPROVED FOR ENTRY:
s/Alan G. Crone___________________
Alan G. Crone, TN Bar No. 014285
Laura Ann E. Bailey, TN Bar No. 27078
CRONE & MCEVOY, PLC
5583 Murray Rd., Suite 120
Memphis, TN 38119
[phone] (voice)
[phone] (fax)
[e-mail] (email)
[e-mail] (email)
Attorneys for Plaintiff
and
s/William S. Rutchow_________________
William S. Rutchow, TN Bar No. 017183
Jessica T. Patrick, TN Bar No. 028039
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
SunTrust Plaza
401 Commerce Street, Suite 1200
Nashville, TN 37219-2446
Attorneys for Defendant