Smullin v. Duncan et al

Filing 101

ORDER denying 94 Motion to Vacate ; denying 95 Motion to Amend; denying 99 Motion for Order. If this case is set for a hearing or trial, Mr. Smullin will have an opportunity to call witnesses on his behalf. Signed by Magistrate Judge Beth Deere on 3/29/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RONALD DEWAYNE SMULLIN
V.

PLAINTIFF

CASE NO. 3:15-CV-158-BD

BRETT DUNCAN, et al.

DEFENDANTS

ORDER
Mr. Smullin has moved to vacate his deposition taken on March 10, 2016.
(Docket entry #94) For cause, he explains that, while the Court granted counsel for the
County Defendants leave to depose him as required by the Rules, counsel for Separate
Defendants Bentley and Jackson participated in the deposition without leave of the Court.
Counsel for Defendants Bentley and Jackson has responded to the motion and
concedes that he did not request or obtain leave of the Court to depose Mr. Smullin. He
apparently believed that the court order allowing the County Defendants to depose Mr.
Smullin also applied to his clients. (#96) Counsel argues that Mr. Smullin has not
alleged that he suffered any prejudice by his participation in the deposition.
Mr. Smullin says that he felt oppressed by the presence of Bentley and Jackson’s
lawyer. Without any evidence of bad faith or unfair prejudice, however, counsel’s
participation in the deposition is not a sufficient reason for the Court to set aside the
deposition.
Accordingly, Mr. Smullin’s motion to vacate (#94) is DENIED. His motion to
amend his motion to vacate (#95) is DENIED, as moot.

Mr. Smullin has again moved for leave to correspond with other ADC inmates to
obtain affidavits regarding the events giving rise to this lawsuit. (#99) That motion is
DENIED. If this case is set for a hearing or trial, Mr. Smullin will have an opportunity to
call witnesses on his behalf.
IT IS SO ORDERED, this 29th day of March, 2016.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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