Shelby v. Wellpath, LLC, No. 5:2021cv00262 - Document 34 (N.D. Tex. 2023)

Court Description: ORDER: This Court has has made an independent review of the record in this case and finds that the Magistrate Judge's 32 Findings and Recommendations 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: Amended Pleadings due by 3/24/2023; Discovery due by 3/24/2023; Joinder of Parties due by 3/24/2023; Motions, including motions for summary judgment, due by 4/24/2023. (Ordered by Senior Judge Sam R Cummings on 1/23/2023) (bdg)

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Shelby v. Wellpath, LLC Doc. 34 Case 5:21-cv-00262-C Document 34 Filed 01/23/23 Page 1 of 3 PageID 156 IN THE UNITED STATES DISTRICT COUII,T FOR THE NORTHERN DISTRICT OF TEXAS LUBBOCK DIVISION ,II]RRENCE .I, SHELBY. .IR,. $ Institutional ID No. 177856 $ $ I'laintii'1. $ ti $ CIVIL ACTION NO. 5:21-CV-00262-C s WELLPATH, LLC, s l)c lcnd ant $ ()IIDER The United States Magistrate Judge entered a Report and Recommendation on December 27,2022, recommending that Plaintiff s claim against Defendant Weltpath, LLC for failing to reasonably accommodate his disability under the Americans with Disabilities Act should proceed through the course of litigation. No objections have been filed. This Court has made an independent review ofthe 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 March 24,2023. 2. All other pretrial motions, including motions for summary judgment, must be filed, with supporting briefs, by 3:00 p.m. on April 24,2023. Any response must be filed within thirty (30) days from the date shown on the certificate ofservice of the motion in question. Dockets.Justia.com Case 5:21-cv-00262-C Document 34 Filed 01/23/23 3. A11 Page 2 of 3 PageID 157 discovery must be completed by 3:00 p.rn. on March 24,2023, as follows: (a) Defendant(s) shall disclose to Plaintifl all records of the incident forming the basis of Plaintills complaint. which records shall include, il applicable, but shall no1 be limited to the following: (i) ( ii) (iii) If Plaintiff alleges a medical clairn - Plaintiff s medical records for the six-month period surrounding 1he incident date, which medical records shall include Plaintiff's records from any TDCJ unit at which he was given medical examination or tleatment concerning the denial of medical care. alleges an interference with mail - any mail records, including incoming and oulgoing mail logs. If Plaintiff Plaintifls grievances filed for the six-month period surrounding the incident date. (iv) If (v) All disciplinary (vi) If Plaintill (vii) If Plaintiff an excessive lorce 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. and classification records lbr the six-month period surrounding the incident date. alleges a medical/work claim - all work assignments and logs in addition to the medical and disciplinary records required above. alleges any other claim - all records pertaining to his claim. (b) All parties shall disclose the following: (i) The name and, ifknown. the address or employment station of each person likely to have information that bears significantly on any claim or defense. 2 Case 5:21-cv-00262-C Document 34 Filed 01/23/23 (ii) Page 3 of 3 PageID 158 As to each person named in response to paragraph (3XbXi) above, a brief summary ofthe substance of the information known by the person. There shall be no further discovery without leave of the Court. 4. This Court has elected to opt out of Federal Rule of Civil Procedure 26(aXl). 5. Counsel and unrepresented parties are refened to the Local Rules of the Northern District of Texas, the Civil Justice Cost and Delay Reduction Plan of the Northem District of Texas, and the Local Rules of this Court. All parties will be notified by separate order ofthe date oftrial and the date for filing the proposed pretrial order. SO ORDERED. Dared January)4,2023, t,/t/ ll,' .CU S lor -) L.ln INGS States Distri ctJ gc

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