Culpepper v. Department of Agriculture

Filing 64

ORDER granting in part and denying in part 59 Pltf's Motion to Allow for Additional Discovery; the motion is granted as to taking the deposition of Ms. Ivy, which must be completed no later than 5/14/10; the motion is denied as to additional requests for production. Signed by Magistrate Judge Jerry W. Cavaneau on 4/26/10. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS W ESTERN DIVISION DEVONNA CULPEPPER V. NO. 4:06cv00180 JWC DEFENDANT ORDE R Plaintiff has filed a motion to allow the following additional discovery: (1) allowing Plaintiff to take the deposition of a USDA Rural Development employee, Cheryl Ivy; and (2) requiring Defendant to produce merit promotion announcements from January 1, 2007 to present (doc. 59). Defendant objects (doc. 63). The motion is granted in part and denied in part. The motion is granted as to the request to take the deposition of Ms. Ivy. Because trial is set for June 7, 2010, and the discovery period has already been extended three times (docs. 33, 55, 58), the deposition must be completed no later than May 14, 2010, unless the parties agree on a later date. No further discovery will be allowed. The motion is denied as to the additional requests for production. Plaintiff fails to establish that the documents are relevant or would lead to the discovery of relevant evidence. Additionally, no persuasive reason is given why this particular request could not have been made during the earlier discovery periods. IT IS SO ORDERED this 26th day of April, 2010. __________________________________ UNITED STATES MAGISTRATE JUDGE PLAINTIFF DEPARTMENT OF AGRICULTURE

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