Moss v. Corizon Inc et al

Filing 130

ORDER granting in part and denying in part 125 127 Motions to Compel; granting 128 Motion for Discovery Conference. Deadline for completing discovery is extended to 06/29/2014; the dispositive motions deadline is extended to 07/29/2014. Plaintiff's request for attorney's fees associated with the filing of the Motions to Compel is denied. Signed by Magistrate Judge Jerome T. Kearney on 05/29/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JOHN T. MOSS,
ADC #79311

PLAINTIFF

v.

5:12CV00356-JTK

CORIZON, INC., et al.

DEFENDANTS
ORDER

In Response to Plaintiff’s Motion for a Discovery Conference (Doc. No. 128), this Court held
a telephone conference on the record, with counsel for the parties, on May 29, 2014. During that
conference, the Court issued rulings concerning issues raised by the Plaintiff in the Motion and
Supplemental Motion to Compel Discovery (Doc. Nos. 125, 127.) The following is a summary of
those rulings. Accordingly,
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff’s Motion for a Discovery Conference (Doc. No. 128) is GRANTED.

2.

Plaintiff’s Motion and Supplemental Motion to Compel (Doc. Nos 125, 127) are

GRANTED IN PART, as follows:
a.

If Defendants have exclusive access to a list of cases filed by inmates against

Defendants Anderson and Hubbard concerning treatment of Hepatitis C, those shall be provided to
the Plaintiff.
b.

Defendants shall provide to the Plaintiff a list of Anderson’s and Hubbard’s

supervisors, and those they supervised, from 2008-2012.
c.

Defendants shall respond, to the extent they can answer, to Plaintiff’s

interrogatories concerning the average amount of time spent in treating hepatis C patients from

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2008-2012.
d.

Within the parameters of the Court’s rulings, Defendants shall respond to any

interrogatories previously objected to as in excess of the 25-interrogatory limit.
e.

Defendants shall provide to Plaintiff the anticipated cost of treating Plaintiff

with Interferon from 2008-2012. They shall also provide to the Court the number of inmates being
treated with Interferon during that time frame.
f.

Defendants shall provide all of the above to the Plaintiff within fifteen days

of the date of this Order.
g.

The deadline for completing discovery relevant to these issues is extended

to June 29, 2014; the dispositive motions deadline is extended to July 29, 2014. If Plaintiff
discovers information leading to the need to take an additional deposition, he shall file a motion with
the Court which includes the estimated cost, time for completion of the deposition, and relevancy
of the evidence needed.
3.

Plaintiff’s Motion and Supplemental Motion to Compel are DENIED in all other

respects.
4.

Plaintiff’s request for attorney’s fees associated with the filing of the Motions to

Compel is DENIED. The discovery conference was held prior to the due date for Defendants’
responses to the Motions to Compel; based on defense counsel’s responses at the conference, the
Court finds Defendants’ objections or non-disclosures to be substantially justified as set forth in
FED.R.CIV.P. 37(a)(5)(A) and (C).
IT IS SO ORDERED this 29th day of May, 2014.
______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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