Parker v. Ward et al

Filing 117

ORDER denying as moot 110 Motion for Extension of Time; denying without Prejudice 113 Motion; denying as moot 114 Motion for Extension of Time; granting 115 Motion.(Signed by Magistrate Judge B. Janice Ellington) Parties notified.(kwallace, )

Parker v. Ward et al

Doc. 117

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION CLYDE JOE PARKER TDCJ-CID #1154103 VS. KELLI WARD, ET AL. § § § § § §

C.A. NO. C-06-434

ORDER ON PENDING MOTIONS Pursuant to the telephone conference held this day, the following orders are entered: (1) Plaintiff's motion to dismiss Evelyn Castro and to add in her stead Michelle Castro as the proper party defendant is treated as a motion to substitute (D.E. 115) and is GRANTED. Within thirty (30) days, Ms. Bramlett, counsel for defendants, will either file an Answer on Michelle Castro's behalf or submit under seal her last known address. (2) Plaintiff's motion for extension of time to file rebuttal to objections to

interrogatories (D.E. 114) is DENIED AS MOOT. Plaintiff understands that defendants answered the interrogatories, in addition to making objections, and that plaintiff is permitted to use those answers in response to, or in support of, a dispositive motion. (3) Plaintiff's motion for extension of time to designate expert witnesses (D.E. 110) is DENIED AS MOOT. A new scheduling order will be entered. (4) Plaintiff's motion to locate witness (D.E. 113) is denied without prejudice. Ms. Bramlett represents that she will attempt to locate Demonte Nelson and speak to the warden of his unit regarding communications with plaintiff. In the event the rules and regulations of the TDCJ-CID prohibit plaintiff from communicating with this witness, plaintiff will be

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allowed, for summary judgment purposes, to submit a statement as to what he believes the testimony of this witness would be. Plaintiff is to send to Ms. Bramlett the witness's name and TDCJ identification number. ORDERED this 29th day of May, 2008.

____________________________________ B. JANICE ELLINGTON UNITED STATES MAGISTRATE JUDGE

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