Liles v. Metropolitan Government of Nashville and Davidson County Tennessee

Filing 9

INITIAL CASE MANAGEMENT ORDER #1: Motions to Amend due by 1/16/2015. Discovery due by 4/17/2015. Dispositive Motions due by 5/18/2015. Counsel should read the order in its entirety for all other deadlines and information. Signed by Magistrate Judge Juliet E. Griffin on 8/11/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
AT NASHVILLE
CARREL T. LILES,
Plaintiff,
v.
METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON
COUNTY, TENNESSEE,
Defendant.

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No. 3:14-cv-1348
Judge Campbell
Magistrate Judge Griffin

INITIAL CASE MANAGEMENT ORDER # 1
Pursuant to Local Rule 16.01(d), the Parties submit this Proposed Order for
entry by the Court.
A.

JURISDICTION. This Court has jurisdiction pursuant to 28 U.S.C. §

B.

BRIEF THEORIES OF THE PARTIES.

1331.

1.

PLAINTIFF: Plaintiff, Carrel “Todd” Liles, was hired by Metro

Public Schools on approximately January 7, 2013. Plaintiff sustained an injury to his
eye while on the job at Metro Public Schools.

This eye injury ultimately led to a

detached retina requiring surgery. During his time away from his position Plaintiff
received multiple communications from his supervisor, Harley Tatarsky, encouragingly
advising Plaintiff that he was a good employee and that he should not worry about
losing his position with Metro Public Schools.

Plaintiff suffered a second retinal

detachment in March of 2013 and had follow surgery on March 20, 2013. After the

second surgery, Plaintiff spoke with Mr. Tatarsky and was advised again that he was a
good employee but that if he “didn’t pray, now was a good time to start.” Plaintiff spent
the next few weeks attempting to ascertain his employment status with Metro Public
Schools. Plaintiff contacted Metro Schools through Brandy Easley and Valerie Harpin
to inform them that he had been released to return to work with limitations. Plaintiff
received a return call that day from Laurie Schell advising him that he was being
terminated and that he could collect his personal belongings on April 23, 2013. No
attempts were made by Metro Public Schools to make accommodations for Plaintiff’s
disability received directly from his employment related injury. Plaintiff exhausted all
administrative options through the EEOC and Metro Public Schools to resolve this
matter and timely filed this suit on the 24th day of June, 2014.

Plaintiff seeks all

damages to which he is entitled including, but not limited to, compensatory damages
for humiliation, pain and suffering, front pay, back pay, discretionary costs, reasonable
attorney’s fees and injunctive relief preventing Metro Public Schools from engaging in
this discriminatory behavior in the future.

2.

DEFENDANT: The Metropolitan Government of Nashville and

Davidson County denies all liability. All actions taken by the Metropolitan Government
were for legitimate, non-discriminatory, and non-retaliatory reasons unrelated to
Plaintiff’s purported disability or alleged requests for accommodation. Plaintiff has not
been treated differently than any similarly-situated comparators. At the time that
Plaintiff was hired, he was informed that his first three months on the job would be a
test period, after which Metro Schools personnel would decide whether to retain him or

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terminate his employment. Plaintiff was terminated because he did not show adequate
proficiency in his job or sufficient improvement in his job performance.
C.

ISSUES RESOLVED. Jurisdiction, venue, and service of process.

D.

ISSUES STILL IN DISPUTE. Liability and damages.

E.

INITIAL DISCLOSURES. The Parties shall exchange initial disclosures

by Monday, September 8, 2014.
F.

DISCOVERY. The parties shall complete written discovery and depose

all fact witnesses on or before Friday, April 17, 2015. Discovery is not stayed during
dispositive motions, unless ordered by the Court. All written discovery shall be
submitted in sufficient time so that the response shall be in hand by Monday,
February 2, 2015. No motions concerning discovery are to be filed until after the
parties have conferred in good faith and, if unable to resolve their differences, have
scheduled and participated in a conference telephone call with the Court.
G.

MOTIONS TO AMEND. Any new motion to amend a pleading shall be

filed on or before Friday, January 16, 2015.
H.

DISCLOSURE OF EXPERTS. The parties do not anticipate retaining

expert witnesses to provide expert witness testimony.
I.

DEPOSITIONS OF EXPERT WITNESSES. Not applicable.

J.

JOINT MEDIATION REPORT. The parties shall file a joint mediation

report on or before Friday, January 16, 2015.
K.

DISPOSITIVE MOTIONS. Dispositive motions must be filed on or

before Monday, May 18, 2015. Responses to motions must be filed by Monday, June
22, 2015. Optional replies may be filed by Monday, July 6, 2015. Briefs shall not

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exceed twenty-five pages without leave of the Court.
L.

ELECTRONIC DISCOVERY. The parties anticipate that they will be

able to resolve any issues relating to electronic discovery. Thus, the default standard
contained in Administrative Order 174 need not apply.
M.

TRIAL. Jury trial will be set by separate order. The parties estimate trial

to take four business days.
IT IS SO ORDERED.

HON. JULIET GRIFFIN
U.S. Magistrate Judge

APPROVED FOR ENTRY:

/s/Jedidiah L. Cochran
ANDY L. ALLMAN (BPR No. 17857)
JEDIDIAH L. COCHRAN (BPR No. 27158)
Attorney for Plaintiff Carrell T. Liles
103 Bluegrass Commons Blvd.
Hendersonville, TN 37075
[phone]
[e-mail]

/s/James E. Robinson
ALLISON L. BUSSELL (BPR No. 23538)
JAMES E. ROBINSON (BPR No. 24680)
Assistant Metropolitan Attorneys
Metropolitan Courthouse, Suite 108
P.O. Box 196300
Nashville, TN 37219
[phone]
[e-mail]
[e-mail]

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