Bennett v. MDOC et al

Filing 97

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S 90 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CARL BENNETT,
Plaintiff,

No. 15-14465

v.

District Judge Matthew F. Leitman
Magistrate Judge R. Steven Whalen

MICHIGAN DEPT. OF CORRECTIONS,
ET AL.,
Defendants.
/
ORDER
Plaintiff’s motion to compel discovery [Doc. #90] is GRANTED IN PART AND
DENIED IN PART, as follows:
With regard to Plaintiff’s requests for information on electronic records, including
audit trails and information about when and by whom those records were accessed, the
motion is GRANTED to the extent that Defendant will undertake a diligent and goodfaith search for such records/information, and produce to Plaintiff such
records/information that is located. If such material does not exist, or if Defendant is
unable to locate and produce such material, it shall so certify in writing.1

1

Before Defendant undertakes this search, counsel for the parties will meet and
confer in order for Plaintiff to clarify exactly what he seeks.
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With regard to Plaintiff’s medical records, Defendant states in response to the
motion that it has produced 1,496 pages of those records, at no cost to Plaintiff.
Therefore, the request for medical records is DENIED AS MOOT.
In all other respects, Plaintiff’s motion is DENIED.
IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: January 11, 2019

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of
record on January 11, 2019, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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