Diaz v. Poinsett County Detention Center

Filing 33

ORDER granting 32 motion to compel; defendants' counsel must not seek any medical records not reasonable calculated to lead to the discovery of medical evidence relevant to the claims and defenses in this case; instructing defendants to immedi ately provide new medical authorizations to Mr. Diaz; allowing Mr. Diaz 30 days to provide defendants signed medical authorizations; alternatively he may file a motion to reconsider supported by facts and/or law within 14 days explaining why he should not be required to sign the requested medical authorizations; and instructed the defendants to promptly notify the Court whether Mr. Diaz has complied this Court Order. Signed by Magistrate Judge Edie R. Ervin on 6/6/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
HENRY DIAZ
ADC #653341
V.

PLAINTIFF
NO. 3:23-cv-00207-JM-ERE

POINSETT COUNTY
DETENTION CENTER, et al.

DEFENDANTS
ORDER

Defendants have filed a supplemental motion to compel asking the Court to
order pro se plaintiff Henry Diaz to fully respond to Defendants’ requests for
production and produce a properly executed medical authorization. Doc. 32. The
Court previously ordered Mr. Diaz to provide responses to Defendants’ Request for
Production No. 2. Doc. 31. This Order addresses the medical authorization.
In their supplemental motion, Defendants argue that the proposed medical
authorization: (1) is relevant to Mr. Diaz’s claims; (2) is intended to follow the
medical providers’ own forms; (3) does not restrict Mr. Diaz’s authorization to
specific conditions due to the difficulty that medical providers would have
complying with any such request; and (4) complies “with the letter and spirit of the
discovery rules” (Doc. 32 at 3).
Defendants’ arguments are well taken. On further consideration, and in light
of the practical difficulties getting providers to produce records limited to specific

conditions or to recognize non-standard forms, the Court will not direct Defendants
to narrow the medical conditions that are discoverable under the authorization. And,
given Mr. Diaz’s contention that the alleged unconstitutional conduct aggravated the
arthritis he has suffered from since he was a child, the Court will not attempt to
impose a temporal scope on the authorization. Under the circumstances of this case,
the Court concludes that the proposed medical authorization satisfies the
requirements of Federal Rule of Civil Procedure 26(c).
IT IS THEREFORE ORDERED THAT:
1.

Defendants’ supplemental motion to compel (Doc. 32) is GRANTED,

with the proviso that Defendants’ counsel must not seek any medical records not
reasonably calculated to lead to the discovery of medical evidence relevant to claims
and defenses in this case.
2.

Defendants are instructed to immediately provide new medical

authorizations to Mr. Diaz.
3.

Mr. Diaz has 30 days to provide Defendants signed medical

authorizations. Alternatively, he may file a motion to reconsider, supported by facts
and/or law, within 14 days explaining why he should not be required to sign the
requested medical authorizations.
4.

Defendants are instructed to promptly notify the Court whether Mr.

Diaz has complied with this Court Order.
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5.

Mr. Diaz is cautioned that his failure to comply with this Court Order

could result in the dismissal of his claims, without prejudice. See Local Rule 5.5(c).
SO ORDERED 6 June 2024.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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