Tillery v. Kelley et al

Filing 33

ORDER denying 29 Motion for Clarification. Denying without prejudice 30 Motion to Compel. Signed by Judge D. P. Marshall Jr. on 9/27/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION TAMMY TILLERY v. PLAINTIFF No. 1:16-cv-69-DPM WENDY LYNNE KELLEY, in her individual and official capacity as the Director of the Arkansas Department of Correction; DEXTER L PAYNE, in his individual and official capacity as Deputy Director of the ADC; STEPHEN D WILLIAMS in his individual and official capacity as Warden of the North Central Unit of the ADC; and BILLY W INMAN, in his individual and official capacity as Deputy Warden of the North Central Unit of the ADC DEFENDANTS ORDER 1. Tillery' s motion for clarification actually seeks reconsideration on the protective order/contact/transfer issues that the Court has previously addressed several times. The Court again notes the following: Tillery is not her husband's lawyer; he is not a party to this case, and has not sought to become a party; there has been no showing that ADC is harassing him based on this case or interfering with his access to the Court; the Court has granted Tillery a post-deposition meeting in October with her husband for trial preparation; and Tillery still h as periodic email and m ail contact with her husband. The record has not materially changed. The motion to clarify and reconsider is therefore denied. 2. Tillery' s motion to compel is denied without prejudice. She must follow the Court's procedure specified in the Final Scheduling Order, NQ 27 at 2, for bringing discovery disputes to the Court for decision. Among other things, that Order states: "Do not file motions to compel." Ibid. This direction is clear and unequivocal. procedure, NQ 30 at ~ Tillery acknowledges the Court's 13, but has not followed it. The Court cautions her about complying with all the Court's orders. * * * NQ 29, denied. NQ 30, denied without prejudice. So Ordered. II D.P. Marshall Jr. United States District Judge

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