Graham v. Bignall et al

Filing 20

ORDER granting 13 Motion to Compel and within fourteen daysof this Order, Defendants shall produce the video in an accessible format. Signed by Magistrate Judge David S. Cayer on 2/23/2015. (Pro se litigant served by US Mail.)(eef)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL ACTION NO. 3:14-CV-00392-RJC-DSC BILLY QUINTON GRAHAM, Plaintiff, v. BRANDON WILLIAMSON, DANIEL BIGNALL, RODNEY MONROE, CHARLOTTE MECKLENBURG POLICE DEPARTMENT, AND CITY OF CHARLOTTEMECKLENBURG, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS MATTER is before the Court on the pro se Plaintiff’s “Motion to Compel” (document # 13) filed December 24, 2015, as well as the parties’ briefs and exhibits. Plaintiff seeks production of a “dash cam video” taken by Defendant Bignall on April 30, 2011 at 2:16 a.m. In their Response, Defendants Bignall and Charlotte Mecklenburg Police Department represent that the video was included in their Rule 26 initial disclosures. See document #15. In his Reply, Plaintiff states that he has received a disk but it contains “no visual footage, only data showed.” Because Defendants concede that the dash cam video is properly discoverable, Plaintiff’s Motion will be granted. NOW IT IS HEREBY ORDERED that: 1. Plaintiff’s “Motion to Compel” (document # 13) is GRANTED. Within fourteen days of this Order, Defendants shall produce the video referenced above in an accessible format. If Defendants have already produced that video, they may fulfill their obligation under this Order by serving Plaintiff with a verified discovery response in that regard. 2. The Clerk is directed to send copies of this Order to the pro se Plaintiff, counsel for Defendants, and to the Honorable Robert J. Conrad, Jr. SO ORDERED. Signed: February 23, 2015

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