ADT Services AG et al v. Brady et al

Filing 182

ORDER Setting Briefing Schedule, Plaintiffs' Motion to Compel due by 7/22/2013: Defendants' Response due by 8/1/2013.. Signed by U.S. District Judge Robert H. Cleland on 7/10/13. (lgw)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

ADT SERVICES, AG, et al.,
Plaintiffs,
Case No. 10-2197

v.
THOMAS BRADY, et al.,
Defendants.
/

ORDER SETTING BRIEFING SCHEDULE
During a brief June 25, 2013, telephone conference with the court’s staff,
(1) Defendants stated that they will renew their motion for summary judgment and
(2) Plaintiffs stated that they seek answers to interrogatories from Defendants, that they
seek more information from an expert, and that they need this discovery before they can
respond to a motion for summary judgment.
During a January 31, 2013, conference, the court, through the presentlyassigned judge (the third judge to preside over the action), invited the parties to conduct
about sixty days’ additional discovery, but noted that he did not expect to see any
additional discovery dispute; the action had had plenty of them, and the initial discovery
deadline had long passed. By now discovery should be over. On the other hand, the
record contains signs (perhaps valid; perhaps not) that, under a previous judge,
Defendants impeded discovery repeatedly. (See Dkt. # 137.) Plaintiffs should therefore
receive an opportunity, at least, to argue for a final acquisition of evidence.

This action has lingered too long. All concerned should move with vigor toward a
resolution. The parties must promptly brief the discovery dispute. They must be
prepared promptly to conduct and conclude discovery, if necessary, and promptly to
address summary judgment. Accordingly,
IT IS ORDERED that Plaintiffs may by July 22, 2013, submit a motion to compel
of no more than ten pages. Defendants may submit a response of no more than ten
pages by August 1, 2013.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: July 10, 2013

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, July 10, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\10-2197TN.ADT.Discovery.ckb.RHC.wpd

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