Axelson v. Corizon Medical Services Inc et al

Filing 56

ORDER denying without prejudice 49 Defendants' Motion for Sanctions; denying 51 Plaintiff's Motion to Clarify; and directing Plaintiff to comply with Defendants' discovery request by 3/15/2013. Signed by Magistrate Judge Joe J. Volpe on 2/22/2013. (srw)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
TIM AXELSON, ADC #97108
Plaintiff,
v.
CORIZON MEDICAL SERVICES
INC.; et al.,
Defendants.

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No. 5:12CV00339-SWW-JJV

ORDER
Before the Court is Defendants Motion for Sanctions. (Doc. No. 49.) They seek sanctions
pursuant to Rule 37(b)(2) of the Federal Rules of Civil Procedure due to Plaintiff’s failure to comply
with the Court’s January 29, 2013, Order. (Doc. No. 45.) Plaintiff has filed a Motion to Clarify,
asking the Court for guidance on how to comply with the Order. (Doc. No. 51.)
On February 21, 2013, the Court held a hearing and Plaintiff signed the requested Medical
Authorization and agreed to comply with the outstanding discovery requests. Accordingly,
Defendants’ Motion for Sanctions (Doc. No. 49) is DENIED without prejudice. Plaintiff’s Motion
to Clarify (Doc. No. 51) is also DENIED. Plaintiff shall comply with Defendants’ discovery request
by Friday, March 15, 2013. Failure to comply with this Order may result in the dismissal of this
case.
IT IS SO ORDERED this 22nd day of February, 2013.

JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE