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Beaulieu v. Cpl. Craig Orlando

United States District Court, D. New Hampshire

January 29, 2018

Christopher Beaulieu a/k/a Crystal Beaulieu
v.
Cpl. Craig Orlando et al.

          ORDER

          ANDREA K. JOHNSTONE UNITED STATES MAGISTRATE JUDGE.

         At a discovery status conference held on September 22, 2017, the court, after consultation with the parties, deemed discovery in this case closed, as to the claims asserted against the New Hampshire Department of Corrections (“DOC”) defendants.[1]Notwithstanding that finding, the court granted plaintiff Crystal Beaulieu leave to file a motion to compel discovery, pertaining to discovery requests Beaulieu had already propounded to the DOC defendants. Those rulings were memorialized in the court's September 28, 2017 Order (Doc. No. 159). Beaulieu subsequently filed the instant motion to compel (Doc. No. 162), to which defendants object (Doc. No. 163).

         Discovery Order Requested by Beaulieu

         In her motion to compel, plaintiff asks the court to direct the defendants to provide her with the following discovery:

1. Answers to written questions (attached to the motion to compel as Exhibits A, B, and C), from five employees of the New Hampshire Department of Corrections (“DOC”) who are not defendants to this action.
2. All request slips written to defendant Barbara Slayton during 2013 and 2014;
3. New Hampshire State Prison (“NHSP”) medical and security records concerning three uses of force that occurred at the NHSP Secure Housing Unit (“SHU”) in 2016 and 2017;
4. The ability to view video footage of the March 2012 incident at issue in this case;
5. The course completion status sheets for defendants Slayton, Stevenson, Cascio, Kimball, and Bishop, concerning their Prison Rape Elimination Act (“PREA”) training;
6. Clarification of or supplemental answers to requests #3 and #4 in plaintiff's fourth request for admissions, and request #1 in plaintiff's fifth request for admissions; and
7. Defendant Cascio's answers to questions attached to the motion to compel as Exhibit D.

         Discussion

         I. Non-Party Witnesses (Request 1) Slayton Request Slips (Request 2) Use of Force Records (Request 3) Cascio Responses to New Questions (Request 7)

         In the requests identified in this Order as Requests 1-3 and 7, Beaulieu makes new discovery requests in that they were not made prior to the close of discovery. As defendants point out in their objection, this case was filed approximately three years ago, discovery has been ongoing for more than two years, and discovery is now closed. Because discovery has closed, should Beaulieu need additional discovery materials, she must seek leave of court to reopen discovery, ...


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