James v. Schneider National Carriers Inc

Filing 35

ORDER granting 33 Motion to Compel. Plaintiff is directed to produce the photographs & negatives w/i 15 days of the date of this Order. Signed by Judge Brian S. Miller on 5/26/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION WILBURN D. JAMES vs. NO: 3:07CV00133BSM DEFENDANT PLAINTIFF

SCHNEIDER NATIONAL CARRIERS, INC. ORDER

Pending before the court is defendant's motion to compel [Doc. No. 33]. Defendant asks that the court compel plaintiff to produce for inspection all photographs taken with the accident camera along with the negatives. Plaintiff has not responded to the motion. Plaintiff brings this action seeking damages for injuries he sustained when his vehicle was struck by a vehicle owned by defendant. Defendant states that at the time of the accident plaintiff was its independent contractor, and that it provided its independent contractors accident cameras for use in the event of an accident. Defendant states that it found one of its accident cameras inside plaintiff's tractor showing that eight photographs had been taken by the camera. It is clear that the information sought by defendant is relevant and discoverable. See Fed. R. Civ.26(b) (information is relevant if the discovery appears reasonably calculated to lead to discovery of admissible evidence). Accordingly, the motion to compel [Doc. No. 33] is granted. Plaintiff is directed to produce the photographs and negatives within fifteen days of the date of this order.

IT IS SO ORDERED this 26th day of May, 2009.

______________________________ UNITED STATES DISTRICT JUDGE

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