Zipler

Filing 59

ORDER. Signed by Judge Samuel H. Mays, Jr on 01/28/2013.

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

LINDA ZIPLER,
Plaintiff,
v.

SHELBY COUNTY GOVERNMENT,
MAYOR MARK LUTTRELL, in his
official Capacity only, SHELBY
COUNTY CIVIL SERVICE MERIT
REVIEW BOARD, SHELBY COUNTY
TRUSTEE, David Lenoir in his
Official capacity only; SHELBY
COUNTY HUMAN RESOURCES
DEPARTMENT, AND CHARLIE SIMS,
Individually and in her
official capacity,
Defendants.

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No. 10-2895

ORDER

Before the Court is Magistrate Judge Charmiane C. Claxton’s
January 9, 2013 Report and Recommendation on Plaintiff Linda
Zipler’s (“Zipler”) Second Motion for Default Judgment.
ECF No. 51.)

(R & R,

Magistrate Judge Claxton recommended granting

Zipler’s Motion under Federal Rule of Civil Procedure
37(b)(2)(C) as a sanction against the Shelby County Defendants
for discovery abuse.

(Id.)

Magistrate Judge Claxton found that

the Court had established an extended schedule for mediation,
discovery, and trial at a scheduling conference on May 1, 2012.

(Id.; see also ECF No. 28.)

Magistrate Judge Claxton found that

the Shelby County Defendants had failed to comply with the
Court’s amended discovery deadlines by failing to appear for
depositions.

(R & R.)

The Shelby County Defendants are represented by new
counsel.

On January 14, 2013, the Court held a status

conference and entered a Second Amended Scheduling Order
extending the deadlines for mediation, discovery, and
dispositive motions, and resetting the jury trial.

(ECF No.

55.)

The revised deadline for all discovery is April 19, 2013.

(Id.)

Because the Court has taken the less drastic action of

amending the case schedule, default judgment is no longer
warranted.

See Bank One of Cleveland, N.A. v. Abbe, 916 F.2d

1067, 1073 (6th Cir. 1990) (stating the factors to be considered
when imposing default judgment as a sanction for discovery
abuse); Fed. R. Civ. P. 37(b)(2)(C).

Magistrate Judge Claxton’s

Report and Recommendation is therefore moot.

So ordered this 28th day of January, 2013.

s/ Samuel H. Mays, Jr.__
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE