Thurman v. Mississippi Transportation Management

Filing 15

ORDER granting 6 Motion to Amend/Correct; denying without prejudice 7 Motion for Court to Provide Auxiliary Hearing Aid, etc; denying without prejudice 8 Motion for Court to Supboena Recorded Calls; denying without prejudice 9 Motion for Court to Subpoena AT&T phone records. Signed by Magistrate Judge F. Keith Ball on 11/27/18 (RBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

LEONARD THURMAN

PLAINTIFF

VS.

CIVIL ACTION NO. 3:18-cv-282-DPJ-FKB

MISSISSIPPI TRANSPORTATION MANAGEMENT

DEFENDANT

ORDER
This cause is before the on Court four motions filed by Plaintiff: Motion to Amend
Complaint to Add Monetary Damages [6], Motion for Court to Provide Auxiliary Hearing Aid
Devices, Head Phone, Caption, and EXTA, [7] Motion to Subpoena Recorded Calls [8], and
Motion to Subpoena AT&T Phone Records [9].
Plaintiff’s motion to amend, [6], seeks to give more detail as to the specifics of the
$1,000,000.00 in damages he claims in his complaint. He requests that he be allowed to amend his
complaint to show that the $1,000,000.00 in damages should be broken down as follows:
$250,000.00 for negligence, $250,000.00 for defamation of character, and $500,000.00 for mental
anguish. [6] at 1. The Court finds that the motion should be, and is hereby, granted.
Plaintiff’s motion [7] requests that the Court provide him with assistance relating to his
hearing loss, including providing hearing aids, head phones, etc. The Court interprets this request
as only applying to trial or other proceedings before the Court and denies it without prejudice.
Should the Court set an in-person proceeding or trial in this matter, Plaintiff may again request
necessary accommodations relating to his hearing loss.
Plaintiff’s other two motions [8] and [9] both contain discovery requests. These motions
are denied without prejudice. See L.U.Civ.R. 26(a)(4). The Court will set a Case Management
Conference in this matter, if necessary, following the Court’s ruling on Defendant’s Motion to

Dismiss [11]. Following the Case Management Conference, Plaintiff may request applicable
discovery using the methods provided in the Federal Rules of Civil Procedure.
SO ORDERED this the 27th day of November, 2018.
/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE