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Lewis v. Cumberland County Sheriff's Dpt.

United States District Court, M.D. Tennessee, Northeastern Division

July 30, 2019

Melaine Lewis Plaintiff
v.
Cumberland Count Sheriffs's Dept Et al. Defendant

         SCHEDULING ORDER

          Crenshaw Brown Jury Demand Judge

         The plaintiff has sent the court a letter asking if an attorney has been appointed for her. She has not made a request for an attorney and unless she can show exceptional circumstances one will not be appointed for her. Attorneys in civil case are not required by the constitution and will not be appointed except in cases where the party shows exceptional circumstances. Confinement is not an exceptional circumstance by itself. The plaintiff should respond within 30 days from receipt of this order to any requests from the defendants with the requested items or proper objection to their production. The plaintiff is free to serve discovery on the defendants. The plaintiff has named “Unknown Medical Personnel”, unfortunately the Marshall cannot serve an unknown. Unless the plaintiff can identify and return a service packet for such individuals the court must dismiss any such claims without prejudice and the running of the statute of limitations will likely prevent a new suit against them.

         This matter has been referred to the undersigned Magistrate Judge to enter a scheduling order for management of the case (Docket Entry No.8). The following scheduling order is entered:

         I. GENERAL COURT RULES AND PROCEDURES

         Any filing made with the Court must comply with Rule 5 of the Federal Rules of Civil Procedure, which requires that a copy of the filing be sent to the opposing party or the party's counsel and that the filing contain a certification stating that a copy has been sent, to whom, at what address, and on what date. Any filing that does not comply with this requirement will be returned and/or stricken from the record.

         Each party is responsible for making and obtaining copies of any documents or filings sent to the Court. It is not the Court's responsibility to provide free copies of any documents to the parties. If a party desires to obtain a copy of a document in the official court file, the party should contact the Clerk's Office, with the docket entry number of the document if possible, to request a copy. The cost of an electronically filed document is 10¢ per page, or 50¢ per page if it is not electronically filed.

         Each party is required to keep both the Court and the opposing party or the party's counsel informed of his or her current address. The Plaintiff's failure to keep the Court informed of her current address may result in a recommendation that the action be dismissed for failure to prosecute and for failure to comply with the Court's order.

         II. PRETRIAL DEADLINES

         Amendment of Pleadings

         The parties shall have until Sept 30, 2019 to move to amend the pleadings.

         Discovery

          All discovery shall be completed by Jan. 31, 2020. By this, the Court means that all written discovery should be served far enough before the discovery completion date, i.e., at least thirty days prior to the discovery completion deadline, so that responses or objections to any written discovery can be made prior to the completion deadline. For example, serving written discovery upon an opposing party a few days prior to the discovery completion deadline does not comply with this scheduling order and may result in discovery being denied to the requesting party.

         Any party seeking to serve written discovery upon another party that would result in responses being served after the discovery completion deadline must obtain leave of the Court to serve untimely discovery requests.

         Written discovery should be sent to the opposing party and should not be filed with the Court, nor should a copy of the written discovery be sent to the Court unless it is sent as an attachment to a discovery motion. A court order is not required for a party to engage in discovery and discovery in an ...


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