Ybarra v. Arkansas Department of Correction et al

Filing 68

ORDER granting pltf's 54 Motion to Compel. Signed by Magistrate Judge Beth Deere on 11/29/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
AMBER YBARRA, ADC # 710487
V.

PLAINTIFF

CASE NO. 1:11CV00057 JMM/BD

ARKANSAS DEPARTMENT OF CORRECTION, et al.

DEFENDANTS

ORDER
Ms. Ybarra has filed a motion to compel discovery, arguing that the Defendants
inappropriately objected to her discovery requests. (Docket entry #54) Defendants
responded to the motion, stating that they cannot produce the requested material because
it poses a security risk. Because the Defendants failed to provide the Court sufficient
information to rule on the motion to compel, they were previously instructed to provide
the Court the requested material, under seal, along with a detailed explanation as to how
the requested material poses a security risk. Defendants have now complied with this
Court’s order. (#63)
After reviewing the material submitted by the Defendants under seal, it is clear that
Ms. Ybarra should be provided access to copies of the witness statements requested, with
the inmate names redacted. Although Defendants correctly state that this matter has not
been set for a hearing or trial, the documents requested provide material support for Ms.
Ybarra’s claims. She is entitled to have access to redacted copies of the documents. If
Defendants file a dispositive motion in this lawsuit or if this matter is set for a hearing or

a trial, Ms. Ybarra should be provided complete copies of the requested witness
statements.
The motion to compel (#54) is GRANTED this 29th day of November, 2011.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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