Opinion
CIVIL ACTION NO. 10-11008
11-07-2012
ROBERT LEE CHILDRESS, JR., #365065, Plaintiff, v. MICHAEL MICHALKE, Defendant.
DISTRICT JUDGE MARK A. GOLDSMITH
MAGISTRATE JUDGE MARK A. RANDON
ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO
TAKE PLAINTIFF'S DEPOSITION (DKT. 144) AND DENYING AS MOOT
DEFENDANT'S MOTION TO AMEND/CORRECT OPINION (DKT. 137)
This matter is before the Court on Defendant Michael Michalke's ("Defendant") motion for leave to take Plaintiff Robert Lee Childress, Jr.'s deposition (Dkt. 144) and Defendant's motion to amend/correct opinion (Dkt. 137).
As to Defendant's discovery motion, Defendant requests leave to take Plaintiff's deposition, because Plaintiff is currently incarcerated. This motion is GRANTED. Defendant should make arrangements to depose Plaintiff prior to the December 7, 2012 discovery cut-off.
Defendant's second motion requests that the Court not require Defendant to file a responsive pleading to Plaintiff's amended complaint (Dkt. 99), because Plaintiff did not re-file his first amended complaint as a separate docket entry. Since filing this motion, Defendant has filed an answer (Dkt. 139) to Plaintiff's first amended complaint. Therefore, Defendant's motion to amend/correct opinion (Dkt. 137) is DENIED, AS MOOT.
IT IS SO ORDERED.
_________________
Mark A. Randon
United States Magistrate Judge
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, November 7, 2012, by electronic and/or ordinary mail.
Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon