Watson v. Ephlin et al

Filing 37

ORDER denying 31 Defendants' Motion to Dismiss due to Plaintiff being incarcerated on the date in question. The Clerk of the Court is directed to send Plaintiff a copy of the September 18, 2012 Scheduling Order 30 . Signed by Judge Billy Roy Wilson on 2/6/2013. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JAMES WATSON VS. PLAINTIFF NO. 3:11CV00269 BRW BOBBY EPHLIN, et al. DEFENDANTS ORDER Pending is Defendants’ Motion to Dismiss and for Costs and Alternative Motion to Stay (Doc. No. 31). For the reasons discussed below, Defendants’ Motion is DENIED. The basis of the Motion, is that Plaintiff failed to show up to his deposition scheduled for December 13, 2012. It appears Plaintiff was incarcerated on that date. Accordingly, Defendants’ Motion is Denied. Based on Plaintiff's response,1 the clerk of the court is directed to send Plaintiff a copy of the September 18, 2012 scheduling order (Doc. No. 30). IT IS SO ORDERED this 6th day of February, 2013. /s/Billy Roy Wilson UNITED STATES DISTRICT JUDGE 1 Doc. No. 36.

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