Caldwell v. Kelly et al

Filing 66

ORDER granting 64 Motion for Clarification; directing the Clerk to file separately in the record motions 60 61 62 and pages 2-11 of 64 ; directing Defendants to file a Response to the Motions to Compel on or before 10/29/2014; and extending the dispositive motion deadline to 11/28/2014. Signed by Magistrate Judge J. Thomas Ray on 10/16/2014. (rhm)

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

JOHN CALDWELL,
ADC #90188
V.

PLAINTIFF
5:14CV00042 BSM/JTR

WENDY KELLEY,
Deputy Director of Health Services, ADC, et al.

DEFENDANTS

ORDER
Plaintiff has filed a Motion seeking clarification of the September 4, 2014
Order. Doc. 64. The Court finds good cause for granting that request.
On September 4, 2014, the Court entered an Order explaining to Plaintiff that
he must mail his discovery requests and response directly to Defendants' attorney, and
not file them in the record. The Court went on to instruct the Clerk to refrain "from
docketing any future discovery from Plaintiff." Doc. 58.
Thereafter, Plaintiff filed three Motion to Compel. Docs. 60, 61, & 62. The
Clerk struck all three Motions from the record due to a mistaken belief that the
September 4, 2014 Order precluded Plaintiff from filing such Motions. Id. Plaintiff
then filed the current Motion for Clarification, which includes a fourth Motion to
Compel. Doc. 64.
The Court will instruct the Clerk to file all four Motions to Compel in the

record and give Defendants fourteen days to their Response.
IT IS THEREFORE ORDERED THAT:
1.

Plaintiff's Motion for Clarification (Doc. 64) is GRANTED.

2.

The Clerk is directed to separately file in the record: (a) Plaintiff's Motion

to Compel Discovery as to Defendant York (Doc. 60); (b) Plaintiff's Motion to
Compel Discovery as to Defendant Dr. Floss (Doc. 61); (c) Plaintiff's Motion to
Compel Discovery as to Defendant Dr. Iko (Doc. 62); and (d) Plaintiff's Motion to
Compel Discovery as to Defendant Kelley (Doc. 64, pgs. 2 through 11).
3.

Defendants must file a Response to the Motions to Compel on or before

October 29, 2014.
4.

The dispositive motion deadline is extended to November 28, 2014

Dated this 16th day of October, 2014.

UNITED STATES MAGISTRATE JUDGE

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