Flowers #125290 v. Lawrence et al

Filing 155

ORDER: IT IS ORDERED that Plaintiff Eulandas J. Flowers ("Plaintiff") will be given the opportunity to, once again, view the video records on which he purports to have orally filed emergency grievances in early April of 2014. IT IS FURTHER ORDERED that Plaintiff will file notice with the Court by Monday, July 25, 2016 in which Plaintiff will clearly identify the specific periods of time in which he believes he grieved on the video records. IT IS FURTHER ORDERED setting a hearing for Tuesday, August 2, 2016 at 1:30 p.m. to watch only those specific portions of the video records in which Plaintiff purports to have orally filed an emergency grievance. [See attached Order for deadlines and complete details.] Signed by Senior Judge James A Teilborg on 6/30/2016. (KAL)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Eulandas J. Flowers, No. CV 14-08184-PCT-JAT (ESW) Plaintiff, 10 ORDER 11 v. 12 Sandra Lawrence, et al., 13 Defendants. 14 IT IS ORDERED that Plaintiff Eulandas J. Flowers (“Plaintiff”) will be given the 15 opportunity to, once again, view the video records on which he purports to have orally 16 filed emergency grievances in early April of 2014. 17 Plaintiff will carefully identify the specific periods of time in which he believes he 18 grieved by noting the exact time of the beginning and end of each alleged grievance, the 19 date of each alleged grievance, and the video record on which each alleged grievance 20 may be located. While reviewing these videos, 21 Plaintiff is cautioned that he must make a good faith effort to limit his time range 22 to only the portion of the video Plaintiff argues constitutes a grievance. For example, if 23 Plaintiff identifies 27 hours of video as his “grievance,” the Court will deem Plaintiff to 24 not be acting in good faith, and to be admitting that he can point to no portion of the 25 video that is legitimately a grievance. 26 27 28 IT IS FURTHER ORDERED that Defense counsel will contact Plaintiff in order to arrange a time to view the video by Wednesday, July 6, 2016. IT IS FURTHER ORDERED that Plaintiff will view the video by Wednesday, 1 July 20, 2016. 2 IT IS FURTHER ORDERED that Plaintiff will communicate to Defense counsel 3 the specific periods of time in which he believes he grieved on the video records by 4 Friday, July 22, 2016, so that all parties are on notice. 5 IT IS FURTHER ORDERED that Plaintiff will file notice with the Court by 6 Monday, July 25, 2016 in which Plaintiff will clearly identify the specific periods of 7 time in which he believes he grieved on the video records. Specifically, Plaintiff must 8 note the exact time of the beginning and end of each alleged grievance, the date of each 9 alleged grievance, and the video record on which that alleged grievance may be located. 10 IT IS FURTHER ORDERED setting a hearing for Tuesday, August 2, 2016 at 11 1:30 p.m. to watch only those specific portions of the video records in which Plaintiff 12 purports to have orally filed an emergency grievance. 13 IT IS FURTHER ORDERED that Defense counsel and Plaintiff shall attend the 14 hearing, which will be held at 401 W. Washington Street, Phoenix, Arizona, Courtroom 15 503. The Court will make arrangements for Plaintiff to appear in person at this hearing. 16 Dated this 30th day of June, 2016. 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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