Hall et al v. Memphis City Schools et al
Filing
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ORDER granting in part and denying in part 25 Motion for Protective Order; granting in part and denying in part 27 Motion to Compel; denying without prejudice 28 Motion to Amend Rule 16(b) Scheduling Order. Signed by Magistrate Judge Charmiane G. Claxton on 12-2312. (Claxton, Charmiane)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
F.H., by his next friend SANDRA
FAY HALL, and SANDRA FAY HALL,
individually,
Plaintiffs,
v.
No. 2:12-cv-02312
MEMPHIS CITY SCHOOLS, DR.
VINCENT J. HUNTER, WALTER BANKS,
DR. PATRICIA TOARMINA, PAT BEANE,
MALICA JOHNSON,
Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION
FOR PROTECTIVE ORDER AND MOTION TO STAY DISCOVERY, GRANTING IN
PART AND DENYING IN PART PLAINTIFFS’ MOTION TO COMPEL, AND
DENYING WITHOUT PREJUDICE PLAINTIFFS’ MOTION TO AMEND THE RULE
16(b) SCHEDULING ORDER
Before the Court are Defendants’ Motion for Protective Order and Motion to Stay Discovery
(Docket Entry “D.E.” #25), Plaintiffs’ Motion to Compel (D.E. #27), and Plaintiffs’ Motion to
Amend the Rule 16(b) Scheduling Order (D.E. #28). The instant motions were referred to the
Magistrate Judge for determination.
The two central issues presented in these three motions are as follows: (1) whether
Defendants should be required to produce Rule 26(a)(1) disclosures or respond to Plaintiffs’ First
Set of Interrogatories and Requests for Production before the resolution of Defendants’ pending
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Motions to Dismiss1; and (2) whether the Scheduling Order needs to be amended to account for the
time that will be necessary to resolve Defendants’ Motions to Dismiss.
With respect to the Rule 26(a)(1) disclosures, the Scheduling Order entered on August 24,
2012 required that these disclosures be completed by September 12, 2012. Defendants did not
request an extension for the Rule 26(a)(1) disclosures at any time before the deadline passed.
Accordingly, the request may only be granted based upon excusable neglect. Fed. R. Civ. P.
6(b)(1)(B). Upon review of whether such excusable neglect exists, the Court notes that Defendants
had challenged the Court’s jurisdiction before agreeing to this deadline. Specifically, Defendants
filed their initial Motion to Dismiss Plaintiff’s Complaint on June 22, 2012 for lack of jurisdiction
and failure to state a claim upon which relief may be granted. Yet while Defendants’ had already
raised such challenges to Plaintiffs’ Complaint, they agreed to the September 12, 2012 deadline and
did not raise the issue of delaying the Rule 26(a)(1) requests until they filed the instant motion on
December 4, 2012—nearly three months after the deadline had passed. As such, Defendant’s
Motion for Protective Order and Motion to Stay Discovery as to the Rule 26(a)(1) disclosures is
DENIED and Plaintiff’s Motion to Compel as to the Rule 26(a)(1) disclosures is GRANTED.
With respect to Plaintiffs’ First Set of Interrogatories and Requests for Production, the
current deadline for such production is March 29, 2013. Defendants filed their Motion for Protective
Order on December 4, 2012, which was well in advance of the passing of the deadline. Accordingly,
the Court may extend the time upon a showing of good cause. Fed. R. Civ. P. 6(b)(1)(A).
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Defendants initially filed a Motion to Dismiss the Complaint (D.E. #17) on June 22,
2012. Plaintiffs filed an Amended Complaint on July 13, 2012 pursuant to Rule 15(a)(1)(B) of
the Federal Rules of Civil Procedure. On August 3, 2012, Defendants filed a Motion to Dismiss
Amended Complaint. (D.E. #20). Both motions are currently pending and have been referred to
the Magistrate Judge for Report and Recommendation. (D.E. #29).
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Defendants argue that their Motions to Dismiss raise challenges to the Court’s jurisdiction under
Rule 12(b)(1) and that they should not be required to respond to discovery requests until that issue
is resolved. Defendants further argue that Plaintiffs would not suffer substantial prejudice if the
jurisdictional issue were determined before discovery proceeded. The Court agrees with Defendants
that a challenge to the Court’s jurisdiction at this early stage in the litigation constitutes good cause
to delay the discovery process. Accordingly, Defendant’s Motion for Protective Order and Motion
to Stay Discovery as to the First Set of Interrogatories and Requests for Production is GRANTED
and Plaintiff’s Motion to Compel as to the First Set of Interrogatories and Requests for Production
is DENIED.
Finally, Plaintiff requests that the remaining dates in the Scheduling Order be extended and
that the new deadlines be set from the date of the resolution of Defendants’ Motions to Dismiss. The
Court finds that, rather than setting deadlines at this time contingent upon the resolution of the
motion to dismiss, a Scheduling Conference should be held following the entry of the order on the
Motions to Dismiss. Until that time, all deadlines are stayed pending the resolution of the Motions
to Dismiss. The Magistrate Judge will set the Scheduling Conference within two weeks of the entry
of the District Court’s Order on the Motions to Dismiss. At that time, the Court may consider the
necessity and length of any such extensions. Accordingly, Plaintiff’s Motion to Amend the Rule
16(b) Scheduling Order is DENIED without prejudice.
In conclusion, the Magistrate Judge recommends that Defendant’s Motion for a Protective
Order and Motion to Stay Discovery (D.E. #25) be DENIED as to the Rule 26(a)(1) disclosures but
GRANTED as to the First Set of Interrogatories and Requests for Production. The Magistrate Judge
recommends that Plaintiffs’ Motion to Compel be GRANTED as to the Rule 26(a)(1) disclosures
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but DENIED as to the First Set of Interrogatories and Requests for Production. The Magistrate
Judge recommends that Plaintiffs’ Motion to Amend the Rule 16(b) Scheduling Order be DENIED
without prejudice.
IT IS SO ORDERED this 12th day of March, 2012.
s/ Charmiane G. Claxton
CHARMIANE G. CLAXTON
UNITED STATES MAGISTRATE JUDGE
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