Elliott v. Stevenson et al

Filing 9

ORDER granting Plaintiff's motion. Plaintiff is permitted to engage in discovery of Hamilton Stevenson related to the identity and location of Double J Transport, LLC. The deadline for submitting the Rule 26(f) report is extended up to and including December 4, 2012. Signed by Judge J. Leon Holmes on 09/26/2012. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BILL ELLIOTT, as Administrator of
Estate of Kelly Elliott, Deceased
v.

PLAINTIFF

No. 3:12CV00152 JLH

HAMILTON STEVENSON;
DOUBLE J TRANSPORT, LLC; and
JOHN DOES 1-10

DEFENDANTS

ORDER
Counsel for the plaintiff has written the Court requesting, on behalf of both parties, an
extension of time to file the Rule 26(f) report and for permission for the plaintiff to engage in
discovery of Hamilton Stevenson on the identity and location of Double J Transport, LLC. A copy
of the letter is attached to this Order. The letter will be treated as a motion. The motion is granted.
The plaintiff is permitted to engage in discovery of Hamilton Stevenson related to the identity and
location of Double J Transport, LLC. The deadline for submitting the Rule 26(f) report is extended
up to and including December 4, 2012.
IT IS SO ORDERED this 26th day of September, 2012.

UNITED STATES DISTRICT JUDGE

WILCOX & LACY PLC
ATTORNEYS
600 S. Main Street
Jonesboro, AR 72401

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September 24, 2012

Honorable J. Leon Holmes
U.S. District Court Judge
Eastern District of Arkansas
500 W. Capitol, Room D469
Little Rock, AR 72201

Re:

Bill Elliott, as Administrator of the Estate of Kelly Elliot, Deceased v.
Hamilton Stevenson, eta/; U.S. District Court No.: 3:12-CV-00152-JLH

Your Honor,
On September 19, 2012, Richard Lusby, attorney for Hamilton Stevenson, and I
conferred regarding Rule 26(f) issues. The Rule 26(f) report is currently due on October 4,
2012.
Unfortunately, Plaintiffs efforts to locate Double J Transport, LLC and serve it with
process continue to be unfruitful.
Because Double J has not been served, both Richard Lusby and myself agree that
extending the deadline for the submitting a Rule 26(f) report would be appropriate. The
parties have also agreed that the prohibition on discovery prior to the Rule 26(f) conference
would not prohibit discovery from separate Defendant, Hamilton Stevenson, related to the
identity and location of Double J Transport, LLC.
Sincerely,

Dustin H. Jones
DHJ/kg
cc: Richard Lusby, Esq.