Bryant v. Gallagher et al

Filing 142

ORDER Directing Defendants to File Response to Plaintiff's (1) Motion to Compel Production of Medical Records; (2) Motion to Preserve all Records; and (3) Motion for Court to Issue Contempt Charges signed by Magistrate Judge Barbara A. McAuliffe on 07/26/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN DARNELL BRYANT

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Plaintiff,
v.
P. GALLAGHER, et al.,
Defendants.

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Case No.: 1:11-cv-00446-LJO-BAM PC
ORDER DIRECTING DEFENDANTS TO FILE
RESPONSE TO PLAINTIFF’S (1) MOTION TO
COMPEL PRODUCTION OF MEDICAL
RECORDS; (2) MOTION TO PRESERVE ALL
RECORDS; AND (3) MOTION FOR COURT TO
ISSUE CONTEMPT CHARGES
(ECF Nos. 127, 140, 141)
TWENTY-ONE DAY DEADLINE

Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s first amended complaint, filed on July 5, 2011, against Defendant Romero for deliberate

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indifference to serious medical needs in violation of the Eighth Amendment; and against Defendants

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Gallagher and Romero for conspiracy, retaliation in violation of the Eighth Amendment and failure to

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protect in violation of the Eighth Amendment.

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On February 28, 2014, Plaintiff filed a motion to compel production of the medical records

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subpoenaed from Mercy Hospital. (ECF No. 127.) Defendants did not file a response. On May 23,

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2014, the Court issued an order providing Mercy Hospital with the opportunity to show cause

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regarding compliance with the subpoena duces tecum within thirty (30) days. (ECF No. 139.) Mercy

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Hospital did not submit a response.
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On June 23, 2014, Plaintiff filed a motion for an order directing Defendants and the California

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Department of Corrections and Rehabilitation to preserve all records of investigations into the June 8,

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2010 assault. (ECF No. 140.) Defendants did not file a response.

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On July 21, 2014, Plaintiff filed a motion for the Court to issue contempt charges against

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Mercy Hospital for failure to respond or show good cause in response to the Court’s May 2014 order.

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(ECF No. 141.)

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With the exception of the above reference motions, all discovery in this matter is completed

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and the Court intends to set a deadline for the filing of dispositive motions. Prior to that time,

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however, the Court seeks to resolve the outstanding motions. To assist in such resolution, Defendants

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are HEREBY DIRECTED to submit a response to the following motions within twenty-one (21) days:

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(1) Plaintiff’s motion to compel production of medical records subpoenaed from Mercy Hospital of

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Bakersfield (ECF No. 127); (2) Plaintiff’s motion for court order for Defendants and Non-Party

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CDCR to preserve all records of all investigations into the 6-8-10 assault (ECF No. 140); and (3)

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Plaintiff’s motion for the court to issue contempt charges on Mercy Hospital for failure to respond or

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show good cause (ECF No. 141.)

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

July 26, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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