Brewer v. Buford #495

Filing 71

ORDER: The clerk is directed to terminate defendants motion to compel 43 as Moot. Consequently, the hearing set for 6/21/2011 at 10:00 a.m. is HEREBY CANCELED and the Clerk is directed to send a copy of this order to the Sheriff, Rutherford County Adult Detention Center, 940 New Salem Highway, Murfreesboro, TN 37129 so that Mr. Matheny will not be produced for the hearing. Defendants are granted permission to continue the deposition of Mr. Matheny with Mr. Brewer available by telephone. The s econd part of the motion asking the Court to enjoin Plaintiff from contacting Mr. Matheny will be decided after the response time has run to give Mr. Brewer an opportunity to respond. Signed by Magistrate Judge Joe Brown on 6/15/11. (xc:Pro se party by regular and certified mail.)(dt)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DANNY LEE BREWER,
#255889
Plaintiff,
v.
K. Buford #495
Defendant

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NO. 3:11-0074
Judge Campbell/Brown

ORDER
The Court set a hearing for Tuesday, June 21, 2011 at
10:00 a.m. regarding the defendant’s pending motion to

compel

witness to answer questions at deposition (DE #43).
On June 9, 2011 the Defendant filed a Motion to Continue
the Deposition of Duane Matheny with the Plaintiff Present Via
Telephone and to Enjoin Plaintiff from Contacting Duane Matheny in
any Manner other than Through Discovery Permitted by the Rules (DE
#66). The defendant has advised the Court that Mr. Matheny has
agreed to continue his deposition upon Mr. Brewer’s transfer to West
Tennessee State Prison.

In light of this development, the clerk is

directed to terminate defendant’s motion to compel (DE #43) as moot.
Consequently, the hearing set for June 21, 2011 at 10:00
a.m. is HEREBY CANCELED and the Clerk is directed to send a copy of
this order to the Sheriff, Rutherford County Adult Detention Center,

940

New Salem Highway, Murfreesboro, TN 37129 so that Mr. Matheny

will not be produced for the hearing.

Defendants are granted

permission to continue the deposition of Mr. Matheny with Mr.

Brewer available by telephone.
The second part of the motion asking the Court to
enjoin Plaintiff from contacting Mr. Matheny will be decided
after the response time has run to give Mr. Brewer an opportunity
to respond.
It is so ORDERED.

JOE B. BROWN
United States Magistrate Judge