Tatum v. Mitchell et al

Filing 55

ORDER that the Defendants must, on or before 5/9/2014, comply with the instruction in this Order regarding the preservation of video recordings and photographs; Plaintiff must file, on or before 6/9/2014, a Motion for Service containing a valid servi ce address for Defendant Brooks; Plaintiff is reminded that if he fails to timely and properly do so, his claims, against Defendant Brooks will be dismissed, without prejudice; 53 MOTION to Take Deposition from Antwan Tatum filed by Michael T Humphrey, Bryant Phillips is granted; and the parties must complete discovery by 8/8/2014 and file any dispositive motions on or before 9/8/2014. Signed by Magistrate Judge J. Thomas Ray on 04/08/2014. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

ANTWAN TATUM
ADC #143961
V.

PLAINTIFF
2:13CV00151 DPM/JTR

MITCHELL, Sergeant,
East Arkansas Regional Unit, ADC, et al.

DEFENDANTS

ORDER
Defendants Humphrey and Phillips have filed their Answer. Doc. 52. The
parties will have 120 days to complete discovery and 150 days to file any dispositive
motions.1
Plaintiff' alleges, among other things, that Defendants used excessive force
against. Defendants must immediately preserve any video recordings of that
incident and any photographs that may have been taken of Plaintiff's injuries.
Defendants will have thirty days to locate any such video recordings and
photographs and file them, under seal, with the Clerk of the Court for the

1

This means that the parties must send their final discovery requests to the
opposing side so that they have the full amount of time, as provided by the Federal
Rules of Civil Procedure, to respond before the discovery deadline expires. For
instance, Fed. R. Civ. P. 33(b)(2) states that a party has 30 days to respond to
interrogatories. Thus, the parties must send their final interrogatories to the opposing
side at least 30 days before the expiration of the discovery deadline.

Eastern District of Arkansas. If any such video recordings or photographs have
been lost, destroyed, or are no longer available (for any reason), Defendants must
notify the Court within thirty days and provide a detailed explanation of why that
evidence is no longer available and the names of all ADC employees who had any
involvement in the destruction or loss of that evidence. The Court will then promptly
schedule a hearing to take testimony from the named ADC employees concerning how
and why the video recordings and photographs were lost or destroyed.
Finally, the Court finds good cause for granting Defendants' Motion to Depose
Plaintiff. See Fed. R. Civ. P. 30(a)(2). Thus, the Motion is granted.
IT IS THEREFORE ORDERED THAT:
1

Defendants must, on or before May 9, 2014, comply with the instruction

is this Order regarding the preservation of video recordings and photographs.
2.

Plaintiff must file, on or before June 9, 2014, a Motion for Service

containing a valid service address for Defendant Brooks,
3.

Plaintiff is reminded that if he fails to timely and properly do so, his

claims against Defendant Brooks will be dismissed, without prejudice, pursuant to
Fed. R. Civ. P. 4(m).
4.

Defendants' Motion to Depose Plaintiff (Doc. 53) is granted.

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5.

The parties must complete discovery on or before August 8, 2014, and

file any dispositive motions on or before September 8, 2014.
Dated this 8th day of April, 2014.

UNITED STATES MAGISTRATE JUDGE

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