Brown v. Howe et al

Filing 36

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to compel [# 35 ] is denied. Signed by District Judge Rodney W. Sippel on 1/20/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EDWARD BROWN, JR.,

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Plaintiff,
vs.
DAVID HOWE, et al.,
Defendants.

Case No. 4:14 CV 300 RWS

MEMORANDUM AND ORDER
This matter is before me on plaintiff’s motion to compel. Plaintiff seeks a copy of his
deposition transcript to respond to summary judgment. The motion will be denied, as it is
untimely under the case management order and there is no summary judgment motion pending.
However, for the convenience of the Court, if defendants should file a motion for summary
judgment then they must also file a complete copy of plaintiff’s deposition as an exhibit to
summary judgment (whether or not it is referred to in defendants’ motion papers) and serve a
copy on plaintiff together with all summary judgment materials. In addition, if defendants’
motion cites any other deposition testimony, a complete copy of that transcript shall also be filed
with the Court and served on plaintiff.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to compel [#35] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 20th day of January, 2015.