Grundon v. Pennington et al
ORDER that pltf's 42 Motion for Clarification and 44 Motion for a Written Deposition are DENIED; defts shall provide pltf with additional copies of documents as directed. Signed by Magistrate Judge H. David Young on 9/21/11. (vjt)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
NO: 4:10CV02017 JMM/HDY
BRUCE PENNINGTON et al.
Plaintiff filed this complaint on December 16, 2010, alleging that he was denied adequate
medical care when he was held in the Saline County Jail awaiting transport to the Arkansas
Department of Correction (“ADC”).
On September 20, 2011, Plaintiff filed a motion for review and clarification of his discovery
requests, and a motion to take the written deposition of non-party J. Lester (docket entries #42 &
Plaintiff’s motion for clarification asserts that documents regarding contractual and statutory
agreements which Defendants said were previously provided were not, and seeks to clarify his
request regarding Saline County Jail procedures as pertaining to jail policy, not simply ADC policy.
Based on their discovery responses (docket entry #43), Defendants have apparently already provided
Plaintiff with contractual and statutory agreements. However, they are directed to provide Plaintiff
with additional copies of the documents. Plaintiff needs no motion to clarify a discovery request,
and Defendants are directed to respond to his clarified request for jail policy regarding treatment of
ADC inmates, as set forth in the Federal Rules of Civil Procedure.
In his motion to take Lester’s deposition, Plaintiff has proposed a number of questions
relating to his medical care and treatment dates. Plaintiff may request to review his medical records
pursuant to ADC policy, and he may seek to introduce such records at any proceeding held in this
matter. Additionally, Plaintiff may propose Lester as a witness. Accordingly, a deposition is
unnecessary at this time.
IT IS THEREFORE ORDERED THAT Plaintiff’s motion for clarification, and his motion
for a written deposition (docket entries #42 & #44) are DENIED. Defendants are directed to provide
Plaintiff with additional copies of the contractual and statutory documents they previously agreed
to provide, and to respond, pursuant to the Federal Rules of Civil Procedure, to his clarified
IT IS SO ORDERED this
day of September, 2011.
UNITED STATES MAGISTRATE JUDGE
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