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)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KEITH LAMONT FARMER,
Plaintiff
v.
CPL. CHRIS PARKER, et al.,
Defendants
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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.
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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
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