By Greg Bird
It may be two years before any resolution to the lawsuit filed against the McCreary County Board of Education for alleged bullying of a special needs student sees any resolution. A trial date of October 5, 2020 has been set in the case, with the proceedings expected to last five days.
Attorneys for the plaintiffs and defendants were charged last month by the Federal Judge assigned to the case to meet and possibly work out a deal to end the legal filing. In the event they were unable to reach an agreement, the Judge ordered them to devise a proposed timeline needed to gather evidence, depose witnesses and prepare for a possible trial.
No agreement was apparently reached late last month a scheduling order was filed – outlining the timeline for the next steps as the case moves forward.
According to the order filed in the U.S. District Court in London last month several deadlines for discovery and interviews have been set by the Court, paving the way for the case to potentially go to trial sometime in 2020.
Both parties have up to June 20 of next year to file any motions to enjoin any additional parties to the suit, or to amend any charges levied. The defense has until December 16 of next year to file reports from any expert trial witnesses they intend to use, while the plaintiff has until February 15, 2020.
All fact discovery must be completed by October of next year, and all expert discovery must be finalized by April 1, 2020.
Any other dispositive motions should be filed by the end of April 2020.
A pretrial conference is scheduled for September 5, 2020, and the trial should begin a month later.
Magistrate Judge Hanly A. Ingram has been assigned to the case for all discovery and pretrial scheduling issues.
The lawsuit was filed in August by parents of a child, identified as “Mary Doe,” alleging the child was the victim of bullying in the McCreary County School District and District officials were “deliberately indifferent” to the actions of other students and teachers when informed of the initial allegations.
In their response the Defendants specifically deny any district employee was notified about any of the alleged bullying contained in the complaint, and further denies any agent or employee of the District ignored any report.