Opinion
NO. 3:10-CV-00954
01-23-2012
RANDALL EUGENE BRUSO, Plaintiff, v. THE COUNTY OF MONTGOMERY, TENNESSEE; MONTGOMERY COUNTY SHERIFF'S DEPARTMENT; PAT VADEN, individually and in his official capacity; EDGAR PATTERSON, individually and in his official capacity; MIKE BOWERS, individually and in his official capacity; NORMAN LEWIS, SHERIFF, individually and in his official capacity as an Officer of Montgomery County; JOHN DOE, individually and in his official capacity as employed by the Montgomery County Sheriff's Department; PAUL HALE, individually; and ELIZABETH HALE, individually; Defendants.
Respectfully submitted, BATSON NOLAN PLC Mark Nolan, BPR 015859 Attorney for Defendants Montgomery County, Tennessee, Montgomery County Sheriff's Department, Pat Vaden, Edgar Patterson, Mike Bowers and Norman Lewis Thomas J. Hendrickson III, No. 027839 Counsel for Plaintiff John T. Maher, BPR No. 19486 Counsel for Elizabeth and Paul Hale
JUDGE NIXON
JURY DEMAND
MOTION FOR SCHEDULING CONFERENCE AND
TO EXTEND SCHEDULING DEADLINES
Come now the parties, by and through counsel, and pursuant to Fed. R. Civ. P. 16 and L.R. 16.01(d)(3), request a telephonic scheduling conference to discuss modifying the current scheduling deadlines and trial date in this case.
At the outset of this case, the Plaintiff produced approximately ten (10) discs containing hours of recorded conversations with the defendants and other potential witnesses to this matter. On June 15, 2011, the governmental defendants received written discovery requests from Plaintiff which appear to address information gleaned from those covertly recorded conversations. Counsel for the governmental defendants has sent the recordings out to two different transcriptionists, only to have the discs returned without transcripts. Both transcriptionists advised that the quality of the recordings is bad, making transcription slow and difficult. The recordings have now been sent to a large court reporting firm in Memphis to see if the recordings can be transcribed. Plaintiff's counsel is also trying to have the recordings transcribed. All parties are in agreement that the transcripts are necessary in order to proceed with discovery in this case. The parties do not anticipate that the recordings will be transcribed prior to the expiration of the current discovery deadline. In addition to responding to written discovery, the parties have identified at least seven (7) depositions that need to be taken. All counsel have discussed the amount of work that remains to be done during the discovery phase and agree that it cannot be done prior to the expiration of the current discovery deadline. As a result, the parties request that a scheduling conference be held to modify the current scheduling deadlines and trial date.
Respectfully submitted,
BATSON NOLAN PLC
By: ______________________
Mark Nolan, BPR 015859
Attorney for Defendants Montgomery County,
Tennessee, Montgomery County Sheriff's
Department, Pat Vaden, Edgar Patterson,
Mike Bowers and Norman Lewis
BAKER LAW GROUP, PLLC
By: ______________________
Thomas J. Hendrickson III, No. 027839
Counsel for Plaintiff
THE KENNEDY LAW FIRM
By: ______________________
John T. Maher, BPR No. 19486
Counsel for Elizabeth and Paul Hale