Opinion
NO. 3:11CV00269 BRW
02-06-2013
JAMES WATSON PLAINTIFF v. BOBBY EPHLIN, et al. DEFENDANTS
ORDER
Pending is Defendants' Motion to Dismiss and for Costs and Alternative Motion to Stay (Doc. No. 31). For the reasons discussed below, Defendants' Motion is DENIED.
The basis of the Motion, is that Plaintiff failed to show up to his deposition scheduled for December 13, 2012. It appears Plaintiff was incarcerated on that date. Accordingly, Defendants' Motion is Denied.
Based on Plaintiff's response, the clerk of the court is directed to send Plaintiff a copy of the September 18, 2012 scheduling order (Doc. No. 30).
Doc. No. 36.
IT IS SO ORDERED this 6th day of February, 2013.
Billy Roy Wilson
UNITED STATES DISTRICT JUDGE