Doe v. Shelby County Board of Education

Filing 24

ORDER Allowing Limited Discovery on Motion to Dismiss. Signed by Chief Magistrate Judge Tu M. Pham on June 6, 2024. (cmd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
________________________________________________________________
THELMA GRAY,

)
)
Plaintiff,
)
)
vs.
)
No. 23-cv-02810-MSN-tmp
)
SHELBY COUNTY BOARD OF
)
EDUCATION,
)
)
Defendant.
)
________________________________________________________________
ORDER ALLOWING LIMITED DISCOVERY ON MOTION TO DISMISS
________________________________________________________________
On April 18, 2024, Shelby County Board of Education (“the
Board”) filed a Motion to Dismiss, arguing in part that Thelma
Gray’s complaint was not timely filed. 1

(ECF No. 15.) On May 1,

2024, Gray filed a response to the Board’s motion. (ECF No. 18.)
A scheduling conference was held on June 6, 2024. During the
conference, the Board raised arguments from its Motion to Dismiss.
Gray made arguments in opposition to the motion. The undersigned
determined that limited discovery regarding whether her complaint
was timely filed is necessary.

1Gray

initially filed this complaint anonymously, but during the
hearing and in compliance with the court’s order directing her to
file a notice of identity, she represented to the court that her
name is Thelma Gray and that she will no longer proceed
anonymously.

Therefore, it is hereby ORDERED 2 that the parties will have
thirty (30) days from entry of this order to conduct limited
discovery regarding whether Gray’s complaint was timely filed. The
Board will have thirty (30) days after the completion of limited
discovery to supplement its motion with additional briefing and
the submission of evidence. Gray will then have fourteen (14) days
after the Board’s supplemental briefing and submission of evidence
to

file

a

response

with

her

own

supporting

evidence.

The

undersigned will file a report and recommendation after receiving
all of the briefs and evidence.
IT IS SO ORDERED.
s/Tu M. Pham
TU M. PHAM
Chief United States Magistrate Judge
June 6, 2024
Date

2Pursuant

to Administrative Order No. 2013-05, this case has been
referred to the United States magistrate judge for management and
for all pretrial matters for determination or report and
recommendation, as appropriate.
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