Attorneys for both sides in a federal discrimination lawsuit against the Board of Education and Director of Schools are seeking an extension in the discovery deadline and to delay the trial of the case.
In a motion filed April 10, attorneys for Bradley Hendrix and the Board and Director are asking that the trial date be moved from October 20 to on or after December 10 and that the discovery deadline be extended from April 17 to July 7. Andy L. Allman of Allman and Associates of Hendersonville is representing Hendrix while John D. Schwalb of Franklin is the attorney for the Board and Director Mark Willoughby.
The attorneys say they need more time to prepare for the case. A judge has not yet ruled on the motion.
The Motion to Extend the Discovery Deadline and Continue the Trial is as follows:
“Now come the parties and hereby request that the current discovery deadline of April 17, 2015 be extended ninety days to July 7,2015 to provide additional time to finalize written discovery and depose Plaintiff (Hendrix) and Defendant’s witnesses. While the parties have diligently participated in discovery they have been unable to set a schedule for depositions but have identified dates in May and June for that purpose. This extension of time gives rise to the parties’ request for a continuance of the trial, currently set for October 20, 2015.”
“The Parties propose the following deadlines: all written discovery and non-expert depositions shall be completed by July 7, 2015. All discovery-related motions shall be filed by the close of business on July 21, 2015. Dispositive motions shall be due by August 7, 2015 and responses due by August 28, 2015, and any optional reply due by September 11, 2015”
“For the foregoing reasons, the parties respectfully request that the Court grant their motion to extend the discovery and dispositive motion deadlines and continue a trial to a date on or after December 10, 2015.”
Hendrix, a physical education teacher at Smithville Elementary School and a third district county commissioner, filed the lawsuit on May 29, 2014 in federal court
In the lawsuit, Hendrix alleges that he has been “subjected to a continuous and ongoing pattern of harassment and retaliation for his votes as a county commissioner on matters pertaining to the school system”, particularly his vote against purchasing land to build a new high school. According to the lawsuit, “On or about March 2011, the issue of the land purchase and school construction came before the county commission for approval. Hendrix voted against the measure. From that point on, Hendrix was subjected to harassment and retaliation by Mr. Willoughby in his employment”.
Hendrix is suing the Board of Education and Director of Schools, both jointly and severally, seeking compensatory and punitive damages. He also wants a jury to try the case.
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