King Market, Inc. v. BB&T Insurance Services, Inc.

Joint MOTION to Amend/Correct Modify Case Management Order

M.D. Tenn.September 15, 2017

1 4824-3283-7455 v1 2814465-000530 09/15/2017 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION KING MARKET, INC. Plaintiff, v. BB&T INSURANCE SERVICES, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:17-cv-00042 JUDGE WAVERLY CRENSHAW MAGISTRATE JUDGE BARBARA HOLMES JURY DEMANDED JOINT MOTION TO MODIFY CASE MANAGEMENT ORDER COMES NOW Plaintiff King Market, Inc. (“Plaintiff” or “King Market”) and Defendant BB&T Insurance Services, Inc. (“Defendant” or “BB&T”) (collectively, the "Parties") and jointly move this Court for an Order extending the deadline to file a motion to amend or to add parties and the deadline to serve written discovery to Friday, October 13, 2017. In support of this Motion, the Parties state as follows: 1. This civil action was filed by King Market on December 8, 2016 in the Circuit Court of Davidson County, Tennessee. See Notice of Removal [Doc. 1-1]. BB&T removed this matter to the United States District Court for the Middle District of Tennessee on January 11, 2017. 2. After one continuance at the request of the Court, the Initial Case Management Conference was held on April 10, 2017. A Case Management Order was subsequently entered on April 14, 2017 [Doc. 17]. 3. As set forth in the Case Management Order, the deadline for the Parties to file a motion to amend or add parties is currently Friday, September 22, 2017. The deadline for the Case 3:17-cv-00042 Document 20 Filed 09/15/17 Page 1 of 5 PageID #: 75 2 4824-3283-7455 v1 2814465-000530 09/15/2017 Parties to serve written discovery is currently Friday, October 6, 2017. Accordingly, neither deadline has passed as of the date of this filing. 4. As of the date of this filing, the Parties have advanced the case. The Parties exchanged Rule 26 Initial Disclosures in May 2017. The Parties also have exchanged multiple sets of written discovery, conducted third-party discovery, and have taken one deposition thus far. 5. In accordance with Section O of the Case Management Order, the Parties state that the following deadlines and trial date are in place as of this filing: a. Friday, September 22, 2017: deadline to file motions to amend or add parties; b. Wednesday, October 4, 2017: subsequent telephonic case management conference; c. Friday, October 6, 2017: deadline to serve written discovery; d. Friday, November 17, 2017: deadline to complete written discovery and depose all fact witnesses; e. Friday, November 17, 2017: Plaintiff’s deadline to identify and disclose all expert witnesses and reports; f. Thursday, November 30, 2017: deadline to file all discovery motions; g. Friday, January 12, 2018: deadline to file a joint report regarding referral of the case for ADR; h. Monday, January 22, 2018: Defendant’s deadline to identify and disclose all expert witnesses and reports; i. Friday, March 9, 2018: deadline to depose all expert witnesses; j. Friday, March 16, 2018: deadline to file all dispositive motions; Case 3:17-cv-00042 Document 20 Filed 09/15/17 Page 2 of 5 PageID #: 76 3 4824-3283-7455 v1 2814465-000530 09/15/2017 k. Monday, August 6, 2018: deadline to file any motions in limine and any motions objecting to expert testimony; l. Monday, August 13, 2018: deadline to file responses to any motions in limine and any motions objecting to expert testimony; m. Monday, August 13, 2018: deadline to file Joint Proposed Pretrial Order; n. Monday, August 13, 2018: deadline to file joint proposed jury instructions and verdict forms, witness lists, exhibit lists, and any stipulations; o. Monday, August 20, 2018: Pretrial Conference; and p. August 28, 2018: beginning of scheduled trial. In further accordance with Section O of the Case Management Order, the Parties state that the requested extensions -- allowing the parties until Friday, October 13, 2017 to (1) file motions to amend or add parties, and (2) complete all written discovery -- will not affect any other deadlines in the Case Management Order and will not affect any dispositive motion deadlines, in accordance with Local Rule 16.01(d)(2.f). For good cause, the Parties further assert that the extensions are needed to allow the Parties time to complete additional discovery tasks before the occurrence of the above-referenced deadlines and to review the deposition transcript from the recent deposition, which the Parties have not yet received. WHEREFORE, Plaintiff King Market, Inc. and Defendant BB&T Insurance Services, Inc. respectfully request that this Court issue an Order extending the deadline to file a motion to amend or add parties and the deadline to serve written discovery to Friday, October 13, 2017. Case 3:17-cv-00042 Document 20 Filed 09/15/17 Page 3 of 5 PageID #: 77 4 4824-3283-7455 v1 2814465-000530 09/15/2017 Respectfully submitted this 15th day of September, 2017. /s/ Joshua A. Mullen Joshua A. Mullen (BPR No. 28388) Sye T. Hickey (BPR No. 32953) BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. 211 Commerce Street, Suite 800 Nashville, Tennessee 37201 T: (615) 726-5600 jmullen@bakerdonelson.com shickey@bakerdonelson.com Attorneys for Defendant BB&T Insurance Services, Inc. /s/ Robert Sands Robert L. Sands (BPR No. 29373) Kelly Gray (BPR No. 35159) Dix & Associates, PLLC 805 South Church Street, Suite 18 Murfreesboro, TN 37130 (615) 494-4941 rob@dixandassociates.net Attorneys for Plaintiff King Market, Inc. Case 3:17-cv-00042 Document 20 Filed 09/15/17 Page 4 of 5 PageID #: 78 5 4824-3283-7455 v1 2814465-000530 09/15/2017 CERTIFICATE OF SERVICE I hereby certify that, on September 15, 2017, I caused a copy of the foregoing JOINT MOTION TO MODIFY CASE MANAGEMENT ORDER to be filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing system to all parties indicated on the electronic filing receipt, including those listed below: Robert L. Sands (BPR No. 29373) Kelly Gray (BPR No. 35159) Dix & Associates, PLLC 805 South Church Street, Suite 18 Murfreesboro, TN 37130 (615) 494-4941 rob@dixandassociates.net Attorneys for Plaintiff /s/ Joshua A. Mullen Joshua A. Mullen Case 3:17-cv-00042 Document 20 Filed 09/15/17 Page 5 of 5 PageID #: 79