Farmer v. Parker et al

Filing 100

ORDER: For the reasons stated in this order, the Clerk will not issue any of the subpoenas sent by the Plaintiff at this time. The documents may be filed as requests for subpoenas. Signed by Magistrate Judge Joe Brown on 2/20/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

Download PDF
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION KEITH LAMONT FARMER, Plaintiff v. CPL. CHRIS PARKER, et al., Defendants ) ) ) ) ) ) ) ) ) Case No. 3:12-0489 Judge Trauger/Brown Jury Demand O R D E R The Clerk has received a packet of six documents from the Plaintiff in this matter on February 15, 2013. There is no cover letter or motion accompanying these documents, which are subpoenas to produce documents, information, or inspection of premises in a civil case. objects or to permit The Magistrate Judge will refer to them individually. 1. The first is directed to the Defendants’ attorney, Mr. D. Randall Mantooth, and is a request for a copy of the deposition of the Plaintiff taken on January 16, 2013. There is no requested date and time for this production to take place. The Plaintiff is entitled to receive a copy of his deposition to see if there are any corrections to be made in the transcript. Magistrate Judge understood that this had been done. The If the Plaintiff has not been sent a copy to see if he has any corrections to make, it should be done so forthwith. If the Plaintiff wishes to order a personal copy of his deposition, he needs to make the necessary financial arrangements with the court reporter. The Court will not pay this cost for him. 2. Next are subpoenas to produce documents directed to Jessica Ruth, Susan Howell, Jose Hall, Timothy Fields, and Kevin Lillard, which appear to request depositions of these individuals on February 15, 2013. The Magistrate Judge notes that the Defendant filed a notice of depositions for these five individuals for February 15, 2013 (Docket Entries 93-97). To the extent these subpoenas are requests for a copies of the deposition transcripts, the Plaintiff will need to make appropriate financial arrangements to purchase copies from the court reporter. issue subpoenas for the transcripts. The Court will not The Plaintiff had the right to be present at these five depositions and to ask questions of the witnesses. 3. Next is a subpoena to produce documents directed to Chief Johnson with a return date of January 22, 2012. The specific request is for a video tape of the incident between the Plaintiff and the Defendant. appropriately This directed to is a the request that Defendants’ would attorney be more and the Magistrate Judge would expect that, to the extent there is a video tape of the incident, a copy of it would be provided to the Plaintiff. If the Defendant does not have the ability to produce a copy of the tape then the Magistrate Judge will issue this subpoena upon being advised the tape exists. 2 4. Next is a subpoena for production of documents directed to Corporal Lazer, which requests any reports he made or filed regarding Defendant. the incident between the Plaintiff and the Again, these would be documents in the possession of the Police Department, and the Magistrate Judge would expect that they would be provided to the Plaintiff through the Defendants’ attorney. If Defendant cannot produce these reports the Magistrate Judge will issue this subpoena for these reports upon notification that Defendant’s attorney cannot provide copies to the Plaintiff. For the reasons stated above, the Clerk will not issue any of the subpoenas sent by the Plaintiff at this time. The documents may be filed as requests for subpoenas. It is so ORDERED. /s/ Joe B. Brown JOE B. BROWN United States Magistrate Judge 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?