Tate v. Memphis City Police Department et al

Filing 40

ORDER EXTENDING DISCOVERY DEADLINE TO TAKE PLAINTIFFS DEPOSITION. Signed by Chief Judge S. Thomas Anderson on 8/1/17. (Anderson, S. Thomas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
______________________________________________________________________________
DARRYLE EDWARD TATE,
Plaintiff,
vs.

No. 2:16-cv-2719- STA-egb

MEMPHIS CITY POLICE
DEPARTMENT, et al.,
Defendants.
______________________________________________________________________________
ORDER EXTENDING DISCOVERY DEADLINE TO TAKE PLAINTIFF’S
DEPOSITION

Before the Court is Defendants’ Motion for an Order Extending Discovery Deadline to
Take Plaintiff’s Deposition. (ECF No. 39.) Plaintiff has not responded to the Motion. As set
forth below, the Motion is GRANTED.
On May 11, 2017, the Defendants served their First Set of Interrogatories and First
Request for Production of Documents and Tangible Things to Plaintiff Darryle Edward Tate. On
July 20, 2017, Defendants filed a motion for an Order compelling Plaintiff to respond to
Defendants’ discovery responses. (ECF No. 38.) Since Defendants have not received Plaintiff’s
discovery responses, and the deadline to complete all discovery is August 11, 2017, Defendants
request an extension of the discovery deadline to allow Defendants time to depose Plaintiff after
Plaintiff provides discovery responses.
Federal Rule of Civil Procedure 6(b) states, in part: “[w]hen an act may or must be done
within a specified time, the court may, for good cause, extend the time: (A) with or without
motion or notice if the court acts, or if a request is made, before the original time or its extension
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expires.” Moreover, Rule 16(b) provides that a scheduling order “may be modified only for
good cause and with the judge's consent.”
The discovery deadline set forth in the Court’s Scheduling Order is therefore extended to
allow Defendants time to depose Plaintiff after Defendants receive Plaintiff’s discovery
responses in this matter.

IT IS SO ORDERED this 1st day of August, 2017.

s/ S. Thomas Anderson
S. THOMAS ANDERSON
CHIEF UNITED STATES DISTRICT JUDGE

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