Russell v. Motorola Inc Mobile Business Devices et al

Filing 53

ORDER granting 41 Motion to Seal; granting 42 Motion to Compel and giving plaintiff until July 13, 2012 to provide Motorola with the information outlined in this Order; and denying 46 Motion to Dismiss. The Court reopens the window for service until July 30, 2012. Signed by Judge D. P. Marshall Jr. on 6/29/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

LARRY CRAIG RUSSELL

v.

PLAINTIFF

No.4:11-cv-764-DPM

MOTOROLA MOBILITY, INC.; and
RUSSELL CELLULAR-VERIZON

DEFENDANTS

ORDER

The Court grants, as modified, Mr. Russell's motion to seal records.
Document No. 41. Any court document containing medical records or medical

information must be filed under seal. The Court also grants Motorola's
motion to compel. Document No. 42. Mr. Russell has until 13 July 2012 to
provide Motorola with the names and addresses of anybody with knowledge
about the facts underlying Mr. Russell's complaint. By that same date, Mr.
Russell must also put pencil to paper and provide Motorola specifics about
the sources of, and evidence for, his alleged damages. He must also provide
a copy of his video tape of the first phone examination by July 13th too.
Motorola is also entitled to test the allegedly defective cell phone. But the
testing should take place in Arkansas so that Mr. Russell may be present.
Finally, the Court denies Russell Cellular-Verizon' s motion to dismiss.
Document No. 46. The Court reopens the window for service until 30 July

2012. FED. R. CIV. P. 4(m).

Mr. Russell must make good service on Russell

Cellular-Verizon before then and must provide proof of such service. The
Court's reasoning for each of these rulings was stated on the record at the 28
June 2012 hearing.
So Ordered.

D.P. Marshall Jr.

United States District Judge

-2­