Oxendine v. Wilson County Sheriff's Employees et al

Filing 16

ORDER Scheduling Order and directions on responding to motion for summary judgment. Disregard Docket Entry 15 as it was entered without attached scheduling order. (xc:Pro se party by certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(JBB)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE
DISTRICT OF TENNESSEE
DEBORAH F. OXENDINE,
Plaintiff,
v.
SGT. MATT LANIUS,
Defendant.

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No. 3:17-CV-01459

Judge Crenshaw/Brown
Jury Demanded

The Defendant has filed a motion for Summary Judgement
(Docket Entry 14).

It appears that a scheduling order was

not entered in this case after the answer of the defendant
was filed at the end of March 2018. The Plaintiff under this
scheduling order has until Dec 19, 2018 to file a response or
ask for additional time or for discovery.

Plaintiff should

read the rules cited below concerning dispositive motions.

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
document filed contains a certification stating that a copy
has been sent to all attorneys, including their names and
addresses, and on what date the document was mailed.

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 they send 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.
Each party is required to keep both the Court and

the opposing party or their counsel informed of their current
address.

The Plaintiff's failure to keep the Court informed

of her current address may result in a recommendation that
the 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 Jan 7, 2019, to move

to amend the pleadings.
Discovery
All discovery shall be completed by March 29, 2019.

By

this, the Court means that all written discovery should be
served far enough before the discovery completion date, i.e.,
at least 30 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 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 sent as an attachment to a discovery motion.

A Court

order is not required for a party to engage in discovery and
discovery in an action is not stayed upon the filing of any
motion unless specifically ordered by the Court.
Discovery Motions
All discovery motions must be filed by March 29,
2019.

All discovery motions must comply with the applicable

requirements contained in Rule 37 of the Federal Rules of
Civil Procedure, Rule 37.01 of the Local Rules of Court, or
any other relevant Federal Rules of Civil Procedure.
No discovery dispute related motions shall be filed
without first contacting the Magistrate Judge’s office and
setting up a telephone conference to discuss the matter with
the Magistrate Judge.

Dispositive Motions
All dispositive motions to dismiss and for summary
judgment shall be filed by April 30, 2019. Plaintiff is
forewarned that dispositive motions must be responded to
within 28 days unless an extension is granted by the Court,
and that failure to respond to the motion and to statements
of facts may result in the Court taking the facts alleged in
the matter as true and granting the relief requested.

In

responding, plaintiff may not just rely on her complaint.
Plaintiff must show there is a material dispute of fact with
citation to the record, affidavits or other matter of
evidence.

Plaintiff should read and comply with Federal Rule

of Civil Procedure 56 and Local Rule 56.01.

Any replies,

limited to five pages, are due seven days after a response.
If dispositive motions are filed earlier, the
response and reply dates for that motion shall be moved up
accordingly.
Other Motions
Any other motions (other than in limine or related to
trial matters) must be filed by April 30, 20129.
Trial Date
A trial date will be recommended once the dispositive motion is
resolved and any needed discovery is completed.

/S/ Joe B. Brown
USMJ