Fluker v. County of Kankakee et al

Filing 61

ORDER entered by Magistrate Judge David G. Bernthal on 11/1/2012. Plaintiffs' Motion 55 is GRANTED as to the medical exam and DENIED as to the request for medical records. See written order. (JMW, ilcd) Modified on 11/1/2012 to show the document as an opinion. (JMW, ilcd)

E-FILED

Thursday, 01 November, 2012 04:49:26 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
Urbana Division

ROY FLUKER and
DEBRA FLUKER,
Plaintiffs,
v.
COUNTY OF KANKAKEE and
KANKAKEE COUNTY SHERIFF’S
OFFICE,
Defendants.

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Case No. 11-2254

ORDER
In October 2012, Plaintiffs filed a Motion for Entry of an Order for the Bureau of Prisons
Devens Federal Medical Center to Permit Physician’s Examination of Plaintiff Roy Fluker (#55).
Plaintiffs state that their medical expert, Dr. Stuart Glassman, must examine Plaintiff Roy
Fluker. Plaintiffs request that the Court order that the BOP Devens Federal Medical Center
permit Dr. Glassman to conduct a medical examination of Roy Fluker at the Devens facility.
Defendants oppose, arguing that, because Plaintiffs waited until the eleventh hour of the expert
disclosure deadline to disclose Dr. Glassman, Defendants have insufficient time to depose
Dr. Glassman or to make their own expert disclosures in response. The Court GRANTS
Plaintiffs’ request and orders that the BOP Devens Federal Medical Center, consistent
with its protocols and schedule, permit that Dr. Stuart Glassman examine Roy Fluker at
the Devens facility. In order to avoid prejudice to the Defendants, the Court will accommodate
requests to modify the scheduling order and extend deadlines in this case.

Plaintiffs also report that the medical records provided by the Devens facility are
unreadable and requests that the Court order the Devens facility “to produce to Plaintiffs’
attorneys a copy of Plaintiff Roy Fluker’s medical records in an adequate size of print and print
quality.” (#55, p. 2.) Plaintiffs’ attorneys fail to indicate what efforts they have made, on their

own, to request a more readable copy from the Devens Facility. Without such information, the
Court does not find it appropriate to order such relief and DENIES this request without
prejudice.

Therefore, Plaintiffs’ Motion (#55) is GRANTED as to the medical exam and DENIED
as to the request for medical records.
ENTERED this 1st day of November, 2012.

s/DAVID G. BERNTHAL
UNITED STATES MAGISTRATE JUDGE

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