Stricklin v. Arkansas Department of Correction et al

Filing 12

INITIAL SCHEDULING ORDER granting 10 MOTION to Take Deposition from Joshua Stricklin filed by Cynthia Reed. Defendant must, on or before 3/17/2014, comply with the instruction in this Order regarding the preservation of video recordings and photographs. The parties must complete discovery on or before 6/16/2014 and file any dispositive motions on or before 7/14/2014. Signed by Magistrate Judge J. Thomas Ray on 02/19/2014. (kcs)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

JOSHUA A. STRICKLIN,
ADC #138119
V.

PLAINTIFF
5:13CV00385 DPM/JTR

CYNTHIA REED, Correctional Officer,
Varner Super Max Unit, ADC

DEFENDANT

INITIAL SCHEDULING ORDER
Defendant Reed has filed her Answer and a Motion seeking permission to
depose Plaintiff. Docs. 9 & 10. The Court finds good cause for granting that request.
See Fed. R. Civ. P. 30(a)(2)(B). Additionally, the Court will give the parties 120 days
to complete discovery and 150 days to file any dispositive motions.1
Plaintiff alleges that, on or about September 10, 2013, Defendant Reed used
excessive force against him at the Varner Super Max Unit. Doc. 2. Defendant must
immediately preserve any video recordings of that incident and any photographs
that may have been taken of Plaintiff's injuries. Defendant will have thirty days
to locate any such video recordings and photographs and file them, under seal,

1

This means that the parties must send their final discovery requests to the opposing side
so that they have the full amount of time, as provided by the Federal Rules of Civil Procedure, to
respond before the discovery deadline expires. For instance, Fed. R. Civ. P. 33(b)(2) states that a
party has 30 days to respond to interrogatories. Thus, the parties must send their final interrogatories
to the opposing side at least 30 days before the expiration of the discovery deadline.

with the Clerk of the Court for the Eastern District of Arkansas. If any such
video recordings or photographs have been lost, destroyed, or are no longer available
(for any reason), Defendant must notify the Court within thirty days and provide a
detailed explanation of why that evidence is no longer available and the names of all
ADC employees who had any involvement in the destruction or loss of that evidence.
The Court will then promptly schedule a hearing to take testimony from the named
ADC employees concerning how and why the video recordings and photographs were
lost or destroyed.
IT IS THEREFORE ORDERED THAT:
1.

Defendant's Motion to Depose Plaintiff (Doc. 10) is GRANTED.

2.

Defendant must, on or before March 17, 2014, comply with the

instruction in this Order regarding the preservation of video recordings and
photographs.
3.

The parties must complete discovery on or before June 16, 2014, and

file any dispositive motions on or before on or before July 14, 2014.
Dated this 19th day of February, 2014.

UNITED STATES MAGISTRATE JUDGE

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