Emilio v. Nebraska Department of Correctional Services et al

Filing 63

MEMORANDUM AND ORDER - Plaintiff's request for an order compelling discovery (Filing No. 59 ) is granted only to the extent it is consistent with the relief provided in this order. Defendant must respond to Plaintiff's request for production of documents by January 29, 2015. Defendant's objection (Filing No. 60 ) to Plaintiff's motion to compel is overruled. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAVON EMILIO,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES, and
FRED BRITTEN, Warden,
Defendants.

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4:13CV3073

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s request for an order compelling
discovery (Filing No. 59) and Defendant’s objection to the motion (Filing No. 60).
The parties dispute whether Plaintiff’s request for production of documents was filed
by the deadline established by the court in its progression order dated November 19,
2014.
The progression order entered in this case required the parties to serve all
interrogatories, requests for admission, and requests for production or inspection on
or before December 19, 2014. Plaintiff placed his request for production of
documents in the prison mail system on December 18, 2014. (See Filing No. 61.)
However, Defendant did not receive the request until December 29, 2014. (See Filing
No. 60.) Because Plaintiff substantially complied with the court’s order requiring him
to file requests for production by December 19, 2014, Defendant will be ordered to
respond to Plaintiff’s request for production of documents.
IT IS ORDERED:
1.
Plaintiff’s request for an order compelling discovery (Filing No. 59) is
granted only to the extent it is consistent with the relief provided in this order.

2.
Defendant must respond to Plaintiff’s request for production of
documents by January 29, 2015.
3.
overruled.

Defendant’s objection (Filing No. 60) to Plaintiff’s motion to compel is

DATED this 15th day of January, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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