Simmons v. Battelle Energy Alliance, LLC

Filing 46

ORDER - NOW THEREFORE IT IS HEREBY ORDERED, All discovery on Simmons medical condition will be stayed pending resolution of Battelles motion for relief from protective order (docket no. 43 ). Battelle shall file a supplemental discovery response con cerning the issues discussed at the conference, specifically, the medical records, transcribed interviews, handwritten notes, disciplinary records, and SAR. Plaintiff shall provide the Court with the consent of Jody Stanton to release her deposition from a Protective Order signed by Judge Lodge and the Court will inquire of Judge Lodge whether he wants to release that deposition from the Protective Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
BRIAN SIMMONS,
Case No. 4:14-cv-00294-BLW
Plaintiff,

ORDER

v.
BATTELLE ENERGY ALLIANCE,
LLC,
Defendant.

In a conference call with the Court’s staff, counsel discussed various discovery
disputes. The Court has been fully informed of the positions of counsel and will resolve
these issues below. Accordingly,
NOW THEREFORE IT IS HEREBY ORDERED,
1. All discovery on Simmons’ medical condition will be stayed pending resolution of
Battelle’s motion for relief from protective order (docket no. 43).
2. The Court will not require Simmons to turn over any of his medical records at this
time, pending resolution of Battelle’s motion for relief from protective order.
3. Simmons is free to file a motion for contempt, but no discovery will be allowed on
that motion until Battelle’s motion for relief from protective order is resolved.
4. Battelle shall file a supplemental discovery response concerning the issues
discussed at the conference, specifically, the medical records, transcribed
interviews, handwritten notes, disciplinary records, and SAR.

5. Plaintiff shall provide the Court with the consent of Jody Stanton to release her
deposition from a Protective Order signed by Judge Lodge and the Court will
inquire of Judge Lodge whether he wants to release that deposition from the
Protective Order.

DATED: May 19, 2016

_________________________
B. Lynn Winmill
Chief Judge
United States District Court