Opinion
Civil 3:23-cv-1312
12-23-2024
TYREE BOHANNON, Plaintiff v. LIEUTENANT TREVETHAN, et al., Defendants
ORDER
Robert D. Marian United States District Judge
AND NOW, this 23th day of December, 2024, upon consideration of Defendants' motion (Doc. 44) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), and the parties' respective briefs in support of and in opposition to said motion, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 44) is GRANTED in part and DENIED in part.
2. Defendants' motion to dismiss the claims against Defendants Trevethan and Berlew based on lack of personal involvement is DENIED.
3. Defendants' motion is DENIED with respect to Plaintiff's First Amendment retaliation claim against Defendants Trevethan and Berlew.
4. The motion is GRANTED in all other respects. The Clerk of Court is directed to NOTE on the docket that Defendants Fagan, Hogan, Moore, Ransom, and Little are terminated.
5. Defendants Trevethan and Berlew shall FILE an answer to the surviving First Amendment retaliation claim on or before January 9, 2025.
6. On or before January 9,2025, the parties shall NOTIFY the Court of their willingness to consent to the jurisdiction of a United States Magistrate Judge. See 28 U.S.C. § 636(c).
7. Discovery shall be completed on or before March 19,2025. In accordance with Local Rule of Court 5.4 (b), the parties shall refrain from filing discovery requests with the Court.
8. Dispositive motions shall be filed on or before April 18, 2025.
9. No extensions of the pre-trial schedule shall be granted absent good cause. See Fed. R. Civ. P. 16(b).
10. Any motions or briefs filed after the expiration of the applicable deadline, without prior leave of court, shall be stricken from the record.
11. The scheduling of a final pre-trial conference and the trial date of this matter is deferred pending disposition of dispositive motions.
12. Any appeal from this Order is deemed frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).