Taylor v. Wilbanks et al
Filing
31
ORDER: This Court has made an independent review of the record in this case and finds that the Magistrate Judge's Findings and Recommendations should be ADOPTED. SCHEDULING ORDER: Amended Pleadings due by 10/5/2018, Discovery due by 10/5/2018, Joinder of Parties due by 10/5/2018, Motions due by 11/5/2018. All parties will be notified by separate order of the date of trial and the date for filing the proposed pretrial order. (Ordered by Senior Judge Sam R Cummings on 8/6/2018) (bdg)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
FREDRICK M. TAYLOR,
Institutional ID No. 205655 ,
Plaintiff,
v.
CALEB MILLER,
Defendant.
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CIVILACTIONNO. 5:17-CV-00242-C
ORDER
The United States Magistrate Judge entered a Report and Recommendation on July 12,
2018, recommending that Plaintiffs claim against Lubbock Police Officer Caleb Miller for
excessive use of force in violation of the Fourth Amendment should proceed through the course
of litigation. No objections have been filed .
This Court has made an independent review of the record in this case and finds that the
Magistrate Judge' s findings and conclusions should be adopted.
It is, therefore, ORDERED:
Pursuant to Federal Rule of Civil Procedure 16(b), the Court establishes the following
schedule for this case:
1.
All motions to join other parties and amend the pleadings must be filed by 3:00
p.m. on October 5, 2018.
2.
All other pretrial motions, including motions for summary judgment, must be filed,
with supporting briefs, by 3:00 p.m. on November 5, 2018 . Any response must be filed within
thirty (30) days from the date shown on the certificate of service of the motion in question.
3.
All discovery must be completed by 3:00 p.m. on October 5, 2018, as follows:
(a)
Defendant(s) shall disclose to Plaintiff all records of the incident forming the basis
of Plaintiff's complaint, which records shall include, if applicable, but shall not be limited
to the following:
If Plaintiff alleges a medical claim - Plaintiff's medical
(i)
records for the six-month period surrounding the incident date,
which medical records shall include Plaintiff's records from any
TDCJ unit at which he was given medical examination or treatment
concerning the denial of medical care.
If Plaintiff alleges an interference with mail - any mail
(ii)
records, including incoming and outgoing mail logs.
(iii)
Plaintiff's grievances filed for the six-month period
surrounding the incident date.
(iv)
If an excessive force claim - all internal affairs investigation
reports, witness statements, and a copy of the video, if any, which
was made. Defendants may submit any sensitive or confidential
information to the Court for in camera review before complying
with this provision.
(v)
All disciplinary and classification records for the six-month
period surrounding the incident date.
(vi)
If Plaintiff alleges a medical/work claim - all work
assignments and logs in addition to the medical and disciplinary
records required above.
(vii) If Plaintiff alleges any other claim - all records pertaining to
his claim.
(b)
All parties shall disclose the following :
(i)
The name and, if known, the address or employment station
of each person likely to have information that bears significantly on
any claim or defense.
(ii)
As to each person named in response to paragraph (3)(b)(i)
above, a brief summary of the substance of the information known
by the person.
There shall be no further discovery without leave of the Court.
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4.
This Court has elected to opt out of Federal Rule of Civil Procedure 26(a)(l).
5.
Counsel and unrepresented parties are referred to the Local Rules of the Northern
District of Texas, the Civil Justice Cost and Delay Reduction Plan of the Northern District of
Texas, and the Local Rules of this Court.
All parties will be notified by separate order of the date of trial and the date for filing the
proposed pretrial order.
SO ORDERED.
Dated August_f_, 2018 .
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