Opinion
5:23-cv-15-TES-AGH
10-16-2024
ORDER
AMELIA G. HELMICK, UNITED STATES MAGISTRATE JUDGE
Defendants Barfield, Nwabueze, and Monday's (“Medical Defendants”) (ECF No. 84) motion to dismiss is pending before the Court. Further development of the record is necessary for a ruling on that motion, so the Court orders that a hearing will be scheduled. The parties are directed as follows:
Plaintiff and the Medical Defendants shall appear at the hearing in person They shall also provide at least three (3) dates in November and/or December 2024 on which they-and their witnesses-will be available for the hearing.
Defendant Sampson may, but is not required to, attend the hearing, either in person or via video.
It is the Court's strong preference that all witnesses appear in person. However, the Court recognizes that there may be security considerations involving witnesses who are detained in a correctional facility. As a result, the Court will consider the parties' requests and arguments that detained witnesses appear via video, with the exception of Plaintiff, who must appear in person.
Following Plaintiff and the Medical Defendants' submission, the Court will set the hearing on the motion to dismiss by separate order.
SO ORDERED and DIRECTED.