Anderson v. York County's Sheriff's Department et al

Filing 93

ORDER directing plaintiff to review witness material provided to him and advise the court in writing by 06/26/2012 if the material satisfies his need for Nurse Betty "Doe" to appear and directing defendant to file expert disclosures for Dr. Harold Morgan, M.D. and Tammy Dover, R.N. if either witness is expected to be called as an expert by 06/26/2012. Signed by Honorable Cameron McGowan Currie on 06/22/2012. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Jerome Anderson,

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Plaintiff,
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v.
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A. Keith McClure,
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Defendant.
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___________________________________ )

C/A NO. 3:10-2481-CMC

ORDER

This matter is before the court concerning certain pretrial matters. During the pretrial
conference held June 8, 2012, the court obtained a list of witnesses from both parties. Plaintiff listed
himself, William Hildridge, Elder Leach, Tony Davis, and an unnamed nurse and/or doctor from Just
Care. Defendant listed himself, five (5) additional corrections officers, and unnamed Just Care
personnel.
Plaintiff has submitted a subpoena for Nurse Betty “Doe,” an employee of Just Care.
Plaintiff indicates in his cover letter to the court that Nurse “Doe” was one of the nurses who treated
Plaintiff when he was admitted to that facility on September 4, 2008. The proposed subpoena
indicates that he seeks the “records of my admittance to Just Care on September 4, 2008.”
In support of his motion to amend, Defendant McClure attached copies of records from the
York County Detention Center relating to Defendant’s admission to Just Care, as well as other
material relating to his discharge from that facility on October 8, 2008. A certificate of service
attached to this material indicates it was served on Plaintiff, but it is not clear whether Plaintiff was
in possession of this material when he forwarded this proposed subpoena to the court, or whether

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the material satisfies Plaintiff’s need for this witness to appear. Therefore, Plaintiff should review
the material provided to him and determine whether witness Nurse Betty “Doe” and Just Care
records are still needed for trial. If Plaintiff contends this witness and/or these records are needed
for trial, he should advise the court in writing of his position no later than Tuesday, June 26, 2012.
Additionally, Defendant has identified two additional witnesses for trial. See Letter dated
June 21, 2012 (ECF No. 88). Defendant has identified Dr. Harold Morgan, M.D., and Tammy
Dover, R.N., as additional trial witnesses, but has not indicated in what capacity they are expected
to testify. If either of these defense witness is to be called as an expert, expert disclosures under
Federal Rule of Civil Procedure 26(a)(2)(C) should be made by Tuesday, June 26, 2012.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
June 22, 2012

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