Polk v. Pulaski County et al

Filing 94

ORDER granting 90 Plaintiff's Motion to Continue and granting 91 Motion for Costs. Signed by Magistrate Judge J. Thomas Ray on 04/25/2012. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION ALLEN POLK, ADC #96606 V. PLAINTIFF 4:11CV00501 JTR GREG BLANKENSHIP, North Little Rock Police Department, et al. DEFENDANTS ORDER There are two non dispositive Motions pending in this § 1983 action. The Court will address each Motion separately. I. Plaintiff’s Motion for a Continuance This case is currently set for a jury trial on July 17, 2012. See docket entry #87. Plaintiff has filed a Motion seeking a continuance of the July 17, 2012 jury trial so that he may conduct additional discovery. See docket entry #90. Specifically, Plaintiff seeks an additional 90 days to complete discovery and 120 days to file Motions. Id. Importantly, Plaintiff states that Defendants do not object to his request. Id. Accordingly, the Motion for a Continuance is granted. A Revised Scheduling Order imposing a new jury trial date and other deadlines will be separately entered. II. Plaintiff’s Motion for Preapproval of Costs Appointed counsel for Plaintiff has filed a Motion seeking preapproval of reimbursement from the Library Fund of costs he will incur deposing eight individuals, which include some of the six Defendants and other unspecified witnesses. See docket entry #91. Counsel estimates that it will cost approximately $2,500 in court reporter fees to depose all eight individuals. Id. The Court finds Plaintiff’s request to be reasonable and in compliance with Local Rule 83.6. Thus, the Motion is granted. After Plaintiff has finished the depositions, he should file a Motion for Reimbursement that includes documentation establishing the costs that were actually incurred. III. Conclusion IT IS THEREFORE ORDERED THAT: 1. Plaintiff’s Motion for a Continuance (docket entry #90) is GRANTED. 2. Plaintiff’s Motion for Preapproval of Costs (docket entry #91) is GRANTED. Dated this 25th day of April, 2012 UNITED STATES MAGISTRATE JUDGE -2-

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