Doe v. Wooten et al

Filing 138

ORDER granting 131 Plaintiff's Emergency Motion to Compel Supplementation of Defendants' Document Production Pursuant to Fed. R. Civ. P. 26(e)(1)(A). Therefore, the Defendants are COMPELLED to supplement their Response to Plaintiffs First Set of Document Requests within fourteen (14) days of the entry of this Order. Signed by Judge Richard W. Story on 5/18/11. (cem)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

JOHN DOE,

:
:
Plaintiff,
:
:
v.
:
:
OFFICER WOOTEN, in his individual :
capacity, et al.,
:
Defendants.
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:
:

CIVIL ACTION NO.
1:07-CV-2764-RWS

ORDER
This case comes before the Court on Plaintiff’s Emergency Motion to
Compel Supplementation of Defendants’ Document Production Pursuant to
Fed. R. Civ. P. 26(e)(1)(A) [131]. After a review of the Record, the Court
enters the following Order.
Plaintiff seeks to compel the Defendants to supplement their response to
Plaintiff’s First Set of Document Requests, which requested “[a]ll documents in
(a) the BOP central inmate file for Plaintiff, (b) the BOP institutional file for
Plaintiff, and (c) the BOP medical file for Plaintiff.” Dkt. No. [131-4].

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Defendants last produced documents pursuant to this request on November 21,
2008. Dkt. No. [131-5].
Federal Rule of Civil Procedure 26(e) states that “[a] party who has . .
.responded to a . . request for production . . .must supplement or correct its
disclosure or response: (A) in a timely manner if the party learns that in some
material respect the disclosure of response is incomplete or incorrect . . . .”
Since November of 2008, the Plaintiff has been moved through five different
U.S. Prisons and, clearly, his BOP file has been updated to at least reflect these
location changes. Plaintiff needs this information to substantiate his claim that
the BOP officials have demonstrated “deliberate indifference” to the Plaintiff’s
well-being. See Farmer v. Brennan, 511 U.S. 825, 845 (1994) (“the subjective
factor deliberate indifference, should be determined in light of the prison
authorities' current attitudes and conduct: their attitudes and conduct at the time
suit is brought and persisting thereafter.”)(internal citations and quotations
omitted). Therefore, the Defendants are COMPELLED to supplement their
Response to Plaintiff’s First Set of Document Requests within fourteen (14)
days of the entry of this Order.

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SO ORDERED this 18th day of May, 2011.

_______________________________
RICHARD W. STORY
UNITED STATES DISTRICT JUDGE

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AO 72A
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