Conway v. Correctional Medical Services et al

Filing 105

ORDER denying as moot 81 Motion to Strike ; granting 103 Motion to Stay ; directing defts CMS, Inc. and the other medical defts to respond to plaintiff's motions to compel and for sanctions within 10 days of the date of this Order; and directing deft Kelley to respond to pltf's counter-motion for summary judgment within 10 days of the date of this Order. Signed by Magistrate Judge Jerome T. Kearney on 8/17/10. (bkp)

Conway v. Correctional Medical Services et al

Doc. 105

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS HELENA DIVISION BYRON CONWAY, ADC #113285 v. CORRECTIONAL MEDICAL SERVICES, INC., et al. ORDER This matter is before the Court on several pending motions: 1) Plaintiff's motion to strike (Doc. No. 81) - In this motion, Plaintiff asks the Court to strike the June 28, 2010 motion to dismiss filed by the Plaintiff. By Order dated July 8, 2010, this Court denied Plaintiff's motion to dismiss, finding that plaintiff did not intend to file it with the Court. Therefore, Plaintiff's current motion to strike shall be denied as moot. 2) Plaintiff's motions to compel and for sanctions (Doc. Nos. 82, 101) - In these motions, plaintiff states defendant Correctional Medical Services, Inc. (CMS) and its defendant employees (hereinafter referred to as the medical defendants) have not responded to his June 3 and June 4, 2010 requests for production of documents. Plaintiff's motion for sanctions is also based on this failure to respond. The medical Defendants shall therefore respond to plaintiff's motion s within ten days of the date of this Order. 3) Defendant Kelley's second motion to stay discovery, pending resolution of her judgment on the pleadings (Doc. No. 103) - In this motion, defendant Kelley states she has responded to several of plaintiff's discovery requests, but has not filed responses to his second and third sets of interrogatories and request for production of documents, dated July 29, 2010. Defendant Kelley states her motion for judgment on the pleadings is pending, and plaintiff has now filed a response, together with a counter motion for summary judgment. Defendant asks to stay her responses to the outstanding discovery requests, pending resolution of these two 2:10CV00010JTK DEFENDANTS PLAINTIFF

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motions. The Court finds Defendant's motion should be granted. Accordingly, IT IS, THEREFORE, ORDERED: 1) Plaintiff's motion to strike (Doc. No. 81) is hereby DENIED as moot. 2) Defendant Correctional Medical Services, Inc. and the other medical defendants shall respond to Plaintiff's motions to compel and for sanctions (Doc. Nos. 82, 101) within ten days of the date of this Order. 3) Defendant Kelley's second motion to stay discovery (Doc. No. 103) is hereby GRANTED. Defendant Kelley shall respond to Plaintiff's counter motion for summary judgment within ten days of the date of this Order. IT IS SO ORDERED this 17th day of August, 2010.

____________________________________ UNITED STATES MAGISTRATE JUDGE