Barnett v. Athens Regional Medical Center Inc
Filing
41
ORDER granting 38 Motion to issue subpoena to Department of Defense for Plaintiff's military records. Ordered by Judge C. Ashley Royal on 2/14/2012. (ssh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
JOE A. BARNETT,
)
)
CIVIL ACTION
Plaintiff,
)
)
FILE NO. 3:10‐cv‐83 (CAR)
v.
)
)
ATHENS REGIONAL MEDICAL CENTER
)
INC.,
)
)
Defendant.
)
)
ORDER GRANTING MOTION TO ISSUE SUBPOENA TO DEPARTMENT OF
DEFENSE FOR PLAINTIFF’S MILITARY RECORDS
Currently before the Court is Defendant’s Motion for Issuance of Subpoena [Doc.
38] to the United States Department of Defense for Plaintiff Joe A. Barnett’s military
records. Plaintiff opposes the Motion. After reviewing the Diagnostic and Statistical
Manual of Mental Disorders (DSM‐IV‐2R) 309.81 Post Traumatic Stress Disorder
combined with the facts of this case, the Court finds that Defendant’s request is
“reasonably calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P.
26(b)(1). Thus, the Court GRANTS Defendant’s Motion [Doc. 38]. The Court
considered Plaintiff’s arguments but did not find them persuasive.
The Clerk of Court is hereby DIRECTED to issue the Subpoena to the United
States Department of Defense, National Personnel Records Center, to allow Defendant
to obtain copies of Plaintiff’s military records, attached as Exhibit A to the Motion [Doc.
38‐1].
Defendant is hereby DIRECTED to file a motion requesting an extension of time
for the discovery it contends would be appropriate to receive and review the requested
records.
SO ORDERED, this 14th day of February, 2012.
SSH
s/ C. Ashley Royal
C. ASHLEY ROYAL
United States District Court Judge
Middle District of Georgia
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?