Gillard v. Wilkerson et al

Filing 71

ORDER granting 61 Motion to Compel. The parties have thirty days to respond to provide Mr. Gillard the information requested in his motion to compel. Because Mr. Gillard does not provide any additional information or dates in his pending motion, his request for preliminary injunctive relief, 64 , is denied. Signed by Magistrate Judge Beth Deere on 1/6/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LEVESTER GILLARD, SR.
ADC #92839
V.

PLAINTIFF

CASE NO. 5:14-CV-170 JM/BD

CONNIE WILKERSON, et al.

DEFENDANTS
ORDER

Mr. Gillard has moved for an order compelling Defendants to respond to certain
discovery requests. (Docket entry #61) In addition, he has moved for the Court to order
the Defendants to provide him prescription breathing treatments. (#64) The Court will
address each motion separately.
In his motion to compel, Mr. Gillard requests the names of the staff members who
worked the “p.m. shifts” in the infirmary at the Varner Unit for twelve specific dates.
ADC Defendants respond that Mr. Gillard does not provide the year for the dates
requested in his motion. In his complaint, Mr. Gillard references the same dates in
December 2013, so it is obvious that he seeks the information from 2013. (#2 at p.10)
The Medical Defendants’s response to Mr. Gillard’s motion notes that Mr. Gillard
has already propounded twenty-five interrogatories, the presumptive limit under the
Federal Rules of Civil Procedure. Although Rule 33 limits the number of interrogatories
that may be served on a party, the court can grant leave for a party to serve additional
interrogatories. Because the information Mr. Gillard seeks may be relevant to his

pending claims, the motion to compel (#61) is GRANTED. The parties have thirty days
to respond to provide Mr. Gillard the information requested in his motion to compel.
Mr. Gillard also has moved for preliminary injunctive relief. (#64) In his motion,
he states that, since filing this lawsuit, he has been denied prescription breathing
treatments. He does not provide any dates that these treatments were denied. Mr. Gillard
filed a similar motion earlier, listing specific dates that he was denied breathing
treatments. (#46) The Court denied that motion. (#55) Because Mr. Gillard does not
provide any additional information or dates in the pending motion, his request for
preliminary injunctive relief (#64) is DENIED.
IT IS SO ORDERED this 6th day of January, 2015.
___________________________________
UNITED STATES MAGISTRATE JUDGE

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