Histon v. Tilton et al

Filing 37

ORDER GRANTING MOTIONS TO QUASH; DIRECTING DEFENDANT TO PROVIDE PLAINTIFF WITH MEDICAL RECORDS; EXTENDING TIME. Signed by Judge Jeffrey S. White on 11/2/11. (jjoS, COURT STAFF) (Filed on 11/2/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LARRY HISTON,
Plaintiff,

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v.
JAMES TILTON, et al,
Defendants.

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No. C 09-0979 JSW (PR)
ORDER GRANTING MOTIONS
TO QUASH; DIRECTING
DEFENDANT TO PROVIDE
PLAINTIFF WITH MEDICAL
RECORDS; EXTENDING TIME
(Docket Nos. 35 & 36)

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Plaintiff, currently incarcerated at San Quentin State Prison in San Quentin,
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California, filed this civil rights complaint pursuant to 42 U.S.C. § 1983. The allegations
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in Plaintiff’s amended complaint that certain Defendant Dr. Clarene David and others
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were deliberately indifferent to his serious medical needs were found to state cognizable
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claims for relief. Dr. David has filed a motion for summary judgment, and Plaintiff was
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granted an extension of time to November 8, 2011, in which to file an opposition.
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Dr. David and non-party San Quentin State Prison have each filed a motion to
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quash a subpoena for documents. As the subpoena fails to comply with the technical
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requirements of Rule 45, including setting forth the proper text and allowing sufficient
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time to respond, the motions to quash are GRANTED. However, Plaintiff’s request for a
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copy of his prison medical records is reasonable. Defendant has not shown that this
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would be unduly burdensome, and Plaintiff’s medical records are certainly relevant to
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his claims that he received insufficient medical care. Accordingly, Defendant shall
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provide Plaintiff with a copy of either his entire medical record, or alternatively only
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those medical records pertaining to the medical conditions and medical care alleged in

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the amended complaint, within 10 days of the date this order is filed. If Defendant

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chooses the latter course and provides less than all of Plaintiff’s medical records,

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Defendant shall show cause for doing so, also within 10 days of the date this order is

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filed. In order to show cause, Defendant shall show specifically why each record not

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provided is not relevant to Plaintiff’s claims; general or conclusory statements that

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records are not relevant will not suffice. No extensions of these deadlines will be

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granted or considered. Defendant’s failure to comply with this order will result in

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sanctions, which may include the denial of Defendant’s motion for summary judgment.

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A brief extension of time for Plaintiff to file any opposition to the summary

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judgment motion is GRANTED to and including November 18, 2011. No further

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extensions of time will be granted. Defendant shall file a reply brief on or before

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December 1, 2011.

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IT IS SO ORDERED.

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DATED: November 2, 2011

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JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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LARRY HISTON,

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Case Number: CV09-00979 JSW

Plaintiff,

CERTIFICATE OF SERVICE

v.
JAMES TILTON et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 2, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
Larry Histon
J79124
San Quentin State Prison
San Quentin, CA 94974

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Dated: November 2, 2011
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk