Dunn et al v. Thomas et al

Filing 573

PHASE 2 DISCOVERY ORDER directing as follows: (1) With respect to plfs' request for supplementation of credentialing documentation and peer reviews, defs are to respond by no later than 7/22/16, and plfs may reply by no later than 7/27/16; Def s are to file under seal and, for purposes of in camera review, the peer-review files at issue by no later than 7/27/2016, as further set out in order; (2) with respect to plfs' request to receive or review the mortality reviews of the three de ceased named plfs, defs are to respond by no later than 7/22/16, and plfs may reply by no later than 7/27/16; Defs are to collect these files at the offices of defense counsel by no later than 7/27/16, but need not submit them to the court at this ti me; further ORDERING that the following agreement, reached and memorialized in writing by the parties at the status conference held on the record on 7/20/16, is entered on the record in this case as a binding stipulation, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 7/21/16. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JOSHUA DUNN, et al.,
Plaintiffs,
v.
JEFFERSON S. DUNN, in his
official capacity as
Commissioner of
the Alabama Department of
Corrections, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv601-MHT
(WO)

PHASE 2 DISCOVERY ORDER
Upon consideration of plaintiffs’ motion to compel
supplementation

of

certain

documents

from

defendants

(doc. no. 570), and based on the representations made
during a status conference held on the record on July
20, 2016, it is ORDERED as follows:
(1) With

respect

to

plaintiffs’

request

for

supplementation of credentialing documentation
and peer reviews, defendants are to respond by
no later than July 22, 2016, and plaintiffs may

reply

by

Defendants

no

later

are

to

than

file

July

under

27,

seal

2016.

and,

for

purposes of in camera review, the peer-review
files at issue by no later than July 27, 2016.
Defendants need not file the peer-review files
related to dentists, but are to collect those
files at the offices of defense counsel by no
later than July 27, 2016, and are to have them
prepared for immediate submission, should the
court

so

order.

Defendants

are

also

specifically to address in their response to
the motion why they believe they should not be
required

to

produce

the

files

related

to

dentists even if they are required to produce
the other peer-review files.
(2) With respect to plaintiffs’ request to receive
or review the mortality reviews of the three
deceased named plaintiffs, defendants are to
respond by no later than July 22, 2016, and
plaintiffs may reply by no later than July 27,

2

2016.

Defendants are to collect these files at

the offices of defense counsel by no later than
July 27, 2016, but need not submit them to the
court at this time.
It is further ORDERED that the following agreement,
reached and memorialized in writing by the parties at
the status conference held on the record on July 20,
2016,

is

entered

on

the

record

in

this

case

as

a

binding stipulation:
“The Parties agree regarding the 25 medical records
at

issue

in

Plaintiffs’

Motion

to

Compel

Supplementation of Certain Documents from Defendants as
follows:
“1. Defendants assert they have made a good faith
effort to locate all documents in the medical records.
“2. Should

Defendants

locate

any

additional

documents from those medical records, they will produce
them immediately.
“3. If any additional documents from the medical
records are produced, the Court will determine whether

3

the production date affects their admissibility, based
on the good faith of Defendants, the circumstances of
production, and the prejudice to Plaintiffs.”
DONE, this the 21st day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE