THOMPSON v. WINDSOR et al

Filing 150

ORDER - (see order image) - - Dft's 135 MOTION to Strike is Granted. - - Pla's MOTION for Clarification and supplement thereto (docs. 140 , 141 ) are Denied as moot. - - Pla's 139 MOTION to Compel is Denied as moot. - - Dft's objection to Pla's second set of interrogatories is DENIED as moot, EXCEPT Dft's objection to the request for documents included in Interrogatory #3 is SUSTAINED. - - Dft's request to an order requiring pla to sign a release of his mental health records in Denied without prejudice. - - Pla's response to Dft's 101 MOTION for Summary Judgment shall be filed on or before June 11, 2010. - - Clerk shall terminate dft's motion for hearing 142 . - - - (Response to motion due by by 6/11/2010. ) - -. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on May 4, 2010. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION MELVIN BERNARD THOMPSON, Plaintiff, vs. MONICA McCALL WINDSOR, Defendant. _______________________________/ ORDER The following motions came on for a telephonic hearing before the undersigned on May 3, 2010: Defendant's motion to strike (Doc. 135), Plaintiff's motion to compel (Doc. 139), and Plaintiff's motion for clarification and supplement thereto (Docs. 140, 141). Plaintiff appeared pro se. Defendant appeared through counsel, Marcus Graper. Susan Maher, Deputy General Counsel for the Florida Department of Corrections (DOC), also appeared. Upon consideration of the parties' submissions and arguments, it is hereby ORDERED: 1. Defendant's motion to strike (Doc. 135) is GRANTED. The portions of the written questions directed to Inmate Glenn Spivey and Inmate Carl Johnson that request production of documents are STRICKEN.1 Defendant shall serve Inmate Spivey and Inmate Johnson's responses to the depositions by written questions on or before MAY 7, 2010.2 Case No.: 5:09cv73/RS/EMT

This includes the requests for production of documents embedded in Questions 5, 7, and 14 directed to Inmate Spivey and the requests embedded in Questions 14, 16, 17, 18, 21, and 25 directed to Inmate Johnson. For purposes of this order, the words "serve" (as used in paragraphs 1 and 5) and "file" (as used in paragraph 8) mean to deposit for mailing or to place in the hands of institutional officials for mailing.
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Plaintiff's motion for clarification and supplement thereto (Docs. 140, 141) are

DENIED as moot, since the subject matter of the motion was clarified by the court's granting Defendant's motion to strike. 3. Haylard. 4. 5. Plaintiff's motion to compel (Doc. 139) is DENIED as moot. On or before MAY 7, 2010, Defendant shall serve copies of the seventy-five (75) Plaintiff is permitted to seek an affidavit or written declaration from Inmate Julius

documents identified by Plaintiff in a list provided to his classification officer on May 3 or 4. Additionally, Defendant shall refund the overpayment for the costs of production in the amount of $15.45 to Larson Thompson, 1976 Carp Drive, Tallahassee, Florida, 32303. 6. SUSTAINED. 7. 8. 9. Defendant's request for an order requiring Plaintiff to sign a release of his mental Plaintiff's response to Defendant's motion for summary judgment shall be filed on The clerk shall terminate Defendant's motion for hearing (Doc. 142). health records is DENIED without prejudice. or before JUNE 11, 2010. DONE AND ORDERED this 4th day of May 2010. Defendant's objection to Plaintiff' second set of interrogatories is DENIED as moot, EXCEPT Defendant's objection to the request for documents included in Interrogatory #3 is

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No.: 5:09cv73/RS/EMT