Brown v. Harper

Filing 46

ORDER granting 32 Motion to Compel. (See Order for Specifics.) (Response to Motion for Summary Judgment due by 2/20/2015.) Signed by Honorable Barry A. Bryant on February 6, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JIMMY L. BROWN
v.

PLAINTIFF
Civil No. 4:13-cv-04032

GREGORY HARPER

DEFENDANT
ORDER

Before the Court is Defendant’s Motion to Compel and Motion for Costs. ECF No. 32.
Defendant filed this Motion on December 18, 2014. Id. On January 8, 2015, Plaintiff responded to
Defendant’s Motion. ECF No. 36. Thereafter, on February 5, 2015, the Court held a hearing on
Defendant’s Motion. ECF No. 45. Defendant’s Motion has been referred to the undersigned, and
it is now ripe for consideration.
Upon review, the Court finds this Motion (ECF No. 32) should be GRANTED as follows:
1.

Plaintiff is ordered to submit to a deposition, and the Parties are directed to find a
mutually-agreeable time for that deposition;

2.

Any confidential information related to Plaintiff will be covered by a protective
order, which will be supplied by Defendant and entered at a later date;

3.

Defendant’s request for costs and attorney’s fees is denied;

4.

Plaintiff is warned that any failure to submit to discovery (including failure to submit
to a deposition, failure to respond to written discovery, etc.) may result sanctions,
which could include a recommendation that his case be dismissed;

5.

Plaintiff is directed to respond to Defendant’s Motion for Summary Judgment by
February 20, 2015. Plaintiff’s failure to timely respond may result in sanctions,
which could include a recommendation that his case be dismissed.

ENTERED this 6th day of February 2015.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE