Christopher Lipsey, Jr. v. Depovic et al

Filing 52

ORDER DENYING Plaintiff's 48 Motion Seeking Advisory Opinion signed by Magistrate Judge Helena M. Barch-Kuchta on 8/30/2021. (Sant Agata, S)

Case 1:18-cv-00767-NONE-HBK Document 52 Filed 08/31/21 Page 1 of 3
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LIPSEY, JR.,

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Plaintiff,
v.

Case No. 1:18-cv-00767-NONE-HBK
ORDER DENYING PLAINTIFF’S MOTION
SEEKING ADVISORY OPINION
(Doc. No. 48)

DR. DEPOVIC, et al.,
Defendants.

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Pending before the Court is Plaintiff’s pleading titled “Equitable Prompt Review and

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Ruling” filed August 19, 2021. (Doc. No. 48). The pleading seeks “to have the court to decide

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the timeframe in which the defendants are entitled to plaintiffs [sic] medical records.” (Id. at 2 ¶¶

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22-26.). Liberally construed, Plaintiff appears to ask the Court to advise him as to the appropriate

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period for which his medical records are relevant and thus discoverable.

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At the outset, the Court does not render advisory rulings. There is neither a pending

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discovery motion nor a motion for a protective order before the Court. The Court had set this

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matter for a status conference and intended to discuss any discovery issues or disputes with the

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parties at that hearing. Plaintiff, however, failed to attend. (See Doc. No. 47). Given Plaintiff’s

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pro se status and to further assist the parties in moving this case forward, the Court nonetheless

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Case 1:18-cv-00767-NONE-HBK Document 52 Filed 08/31/21 Page 2 of 3
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can elaborate on the law and the considerations it makes when weighing discovery disputes.

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Under Federal Rule of Civil Procedure 26, “[p]arties may obtain discovery regarding any

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nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs

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of the case, considering the importance of the issues at stake in the action, the amount of

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controversy, the parties’ relative access to relevant information, the parties’ resources, the

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importance of the discovery in resolving the issues, and whether the burden and expense of the

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proposed discovery outweighs the benefit.” Fed. R. Civ. P. 26(b)(1). The party seeking to compel

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discovery bears the burden of establishing his request satisfies the relevancy requirements of Rule

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26. Bryant v. Ochoa, No. 07-cv-200-JM (PCL), 2009 WL 1390794, at *1 (S.D. Cal. May 14,

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2009).

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Plaintiff’s complaint stems from the discontinuation of Plaintiff’s prescription medication

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in August 2017. (See generally Doc. No. 12). Defendants apparently seek to discover Plaintiff’s

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medical records from three years prior to the underlying incident through four years after. (Doc.

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No. 48 at 2-3). Plaintiff’s operative complaint details how he was concerned that he would suffer

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withdrawal symptoms if his psychotropic medications were discontinued as he had been of the

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medications for “years” before the incident in questions and previously experienced withdrawals

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“in the past.” (Doc. No. 12 at 3). Plaintiff also claims that due to the abrupt discontinuation of

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his medication he suffered withdrawal and eventually ended up cutting himself leaving him with

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permanent scars. (Id.). Finally, Plaintiff claims his medications “were cut off again in early

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2018.” (Id. at 6). Plaintiff’s medical records proceeding the event by a “number of years” and for

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some period after the event in question are thus clearly relevant because they are at issue in

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Plaintiff’s complaint. Whether that relevancy extends to the seven-year period Defendants seek,

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or whether it could be more narrowly tailored, would be the primary question before the Court

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should Defendants move to compel Plaintiff’s medical records or Plaintiff file a motion for a

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protective order. However, such a motion is not pending before this Court.

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Accordingly, it is ORDERED:

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Plaintiff’s filing for “equitable prompt review and ruling” (Doc. No. 48) construed as a

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request for an advisory opinion is DENIED.

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Case 1:18-cv-00767-NONE-HBK Document 52 Filed 08/31/21 Page 3 of 3
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Dated:

August 30, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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