Turley v. Bedinger et al

Filing 108

ORDER granting in part and denying in part 103 Motion to Compel: see attached Order for details. Signed by Magistrate Judge Stephen C. Williams on 9/26/2011. (ehb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GREGORY J. TURLEY,
Plaintiff,
vs.
DANNY BEDINGER, et al.,
Defendants.

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Case No. 08–cv–0007–SCW

ORDER
WILLIAMS, Magistrate Judge:
On September 20, 2011, an in-court Motion Hearing was held on all three of Plaintiff Gregory
Turley’s (“Turley’s”) pending actions (Case Nos. 08-cv-0377-SCW, 09-cv-0829-MJR, and the abovecaptioned action). In this case, the Court took up Turley’s Motion to Compel (Doc. 103), in which
Turley moves the Court for an Order compelling Defendants to produce eighteen specific documents
as listed in his Request for Production (RFP). The Court took up each request in turn, reviewed the
requested documents when necessary, and allowed the parties to argue their positions. The undersigned
now summarizes the rulings that it made on the Record during the September 20, 2011 Hearing.
The Court SUSTAINED Defendants’ Objections based on their representations in open court
that certain requested documents do not exist. The Court however OVERRULED Defendants
Objections as follows:
(1) Regarding Turley’s RFP #3—Investigation Reports: the Court DIRECTED
Defendants to review their files and records and provide any and all reports,
letters or other documents containing any information related to the
investigation referenced in Exhibit D of Plaintiff Turley’s Complaint.
(2) RFP #10—Temporary Confinement or Investigative Reports: once again,
the Court DIRECTED Defendants to review their files and records and
provide any and all reports, letters or other documents containing any
information related to Plaintiff Turley’s 8/19/2005 Segregation placement.

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(3) RFP #12—North II Segregation Offender Sign-in Log Book page from
8/19/2005: Defendants were DIRECTED to continue their search for this
document and proivde the Court with a status report regarding this request.
(4) RFP #13—Turley’s Seg. Personal Property Inventory Sheets from
8/19/2005: the Court DIRECTED Defendants to proceed in the same way as
outlined in paragraph (3) above.
(5) RFP #14—written authorization form, report, paperwork authorizing
Turley’s continued Temporary Confinement statues: Defendants were
DIRECTED to provide Turley with a copy of any and all documentation relating
to his Temporary Confinement in Segregation or to the alleged extension of his
Temporary Confinement.
(6) RFP #18—11/22/2005 Inmate Job Vote Sheet: the Court SUSTAINS
Defendants’ Objection based on their claim that this document does not exist.
However, Defendants’ Objection based on security and safety concern grounds
was OVERRULED. Thus, if this document is found at any time during the
pendency of this litigation, it should be immediately produced.
All of the above information SHALL be provided to the Court and/or Plaintiff Turley on or
before October 11, 2011.
IT IS SO ORDERED.
DATED: September 26, 2011.
/s/ Ste p h e n C. William s
STEPHEN C. WILLIAMS
United States Magistrate Judge

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