Carpenter v. Lane College et al

Filing 38

ORDER denying 24 Defendant's Motion to Dismiss for Lack of Prosecution. Signed by Judge Thomas L. Parker on 08/22/2018. (pab)

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

KAYLON CARPENTER,
Plaintiff,
v.
LANE COLLEGE AND
WILLIAM SMITH III,
Defendants.

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No. 2:17-cv-02672-TLP-cgc
JURY DEMAND

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF
PROSECUTION

Defendants, Lane College and William Smith, III, move this Court to dismiss the case
due to Plaintiff’s lack of prosecution. (ECF No. 24). The Court held a Show Cause Hearing
as to why this Motion should not be granted, and Plaintiff’s counsel, Terrell Tooten,
appeared on behalf of Plaintiff. Mr. Tooten advised the Court that he neglected to respond to
the counsel for Defendants’ request for deposition dates and he admitted that neither he nor
his clients appeared for those depositions.
Mr. Tooten suggested that, rather than dismissing the case, the Court should allow the
parties to resume the depositions of Plaintiff and her mother with Mr. Tooten paying the
costs.
The Court finds that Mr. Tooten’s solution is adequate to address this matter. It would
be unfair to penalize Plaintiff directly for the actions or inactions of her lawyer in this
context. Therefore, the Court will DENY Defendants’ Motion to Dismiss for Lack of
Prosecution. However, the Court will ORDER that Plaintiff’s counsel, Terrell Tooten, is

responsible for payment of the costs associated with the deposition of Plaintiff and her
mother, which took place on August 16, 2018, at the offices of Defense counsel. Any
additional requests for sanctions by Defendants are DENIED.
SO ORDERED, this 22nd day of August, 2018.
s/Thomas L. Parker
THOMAS L. PARKER
UNITED STATES DISTRICT JUDGE

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