Savajian v. Milyard et al

Filing 38

ORDER: denying 25 Motion to Show Cause to Arrest/SubpoenaPlaintiffs Medical Records From Defendant by Magistrate Judge Boyd N. Boland on 7/7/09.(bnbcd, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-00354-CMA-BNB GREGG JOSEPH SAVAJIAN, #125166 Plaintiff, v. KEVIN MILYARD, Warden, Sterling Correctional Facility, PHYSICIAN'S HEALTH PARTNERS, Facility Medical Provider, DR. J. G. FORTUNADO, Staff Supr. Physician (PHP), BRIAN WEBSTER, Physician's Asst. (PHP), BEVERLY DOWIS, Facility Medical Administrator (PHP), and OFFICER CHRIS WADE, Facility Transport Driver, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter arises on the plaintiff's Motion to Show Cause to Arrest/Subpoena Plaintiff's Medical Records From Defendant [Doc. #25, filed 06/16/2009] (the "Motion"). The Motion is DENIED. The plaintiff requests that the court "subpoena and take physical possession of plaintiff's medical records held in possession by the Defendants . . . ." This case has not yet been set for a Scheduling Conference. Thus, it is premature for the parties to engage in discovery. Fed. R. Civ. P. 26(d). Moreover, insofar as the plaintiff is attempting to compel the defendants to produce discovery, the rules of civil procedure permit a party to file a motion to compel only after attempts to obtain discovery pursuant to the appropriate rules of discovery have failed. Fed. R. Civ. P. 37. Therefore, prior to filing any future motions to compel, the plaintiff must first

attempt to obtain the discovery pursuant to the rules. Finally, discovery materials shall not be filed with the Court. Fed.R.Civ.P. 5(d). Accordingly, IT IS ORDERED that the Motion is DENIED. Dated July 7, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

2