Wright v. Sperling et al

Filing 43

ORDER DEEMING RESOLVED IN PART, granting in part and denying in part Defendants' 35 Motion to Compel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DOUGLAS WRIGHT,
Plaintiff,
v.

Case No. 2:16-cv-12113
District Judge Marianne O. Battani
Magistrate Judge Anthony P. Patti

KYLE SPERLING, et al.,
Defendants.
___________________________________/
ORDER DEEMING RESOLVED IN PART, GRANTING IN PART AND
DENYING IN PART THE CORIZON DEFENDANTS’ MOTION TO
COMPEL (DE 35)
Plaintiffs’ July 22, 2016 first amended complaint alleges that Defendants
were deliberately indifferent to his serious medical needs “in violation of his rights
under the First, Eighth and Fourteenth Amendments to the United States
Constitution, as well as state law.” (DE 17 ¶ 1.) Currently before the Court is the
Corizon Defendants’ June 2, 2017 motion to compel, regarding which a response,
reply and joint statement of resolved and unresolved issues have been filed. (DE
35, 38, 39 & 42.) Judge Battani referred this motion to me for hearing and
determination, and a hearing was noticed for July 11, 2017.
On the date set for hearing, attorneys Thomas E. Kuhn, Kevin Andrew
McQuillan, and Michael R. Dean appeared and presented oral argument. For the
reasons stated on the record, all of which are incorporated by this reference as

though fully restated herein, the motion (DE 35) is DEEMED RESOLVED with
respect to Plaintiff’s MDOC medical records release and is GRANTED IN PART
and DENIED IN PART as follows: (a) Plaintiff shall execute a release for his
employment records with the Michigan State Police (MSP), limited in scope to
only those portions of the MSP employment records that contain medical
information or information pertaining to injuries (in other words, his general
employment file is not discoverable); and, (b) Plaintiff need not execute a release
for his education records. Finally, Defendants’ request for an award of attorney
fees and costs is DENIED, as no party completely prevailed, the issue presented
warranted review by this Court, and such a request is not otherwise justified at this
time.
IT IS SO ORDERED

Dated: July 11, 2017

s/Anthony P. Patti
ANTHONY P. PATTI
UNITED STATES MAGISTRATE JUDGE
Certificate of Service

I hereby certify that a copy of the foregoing document was sent to parties of record
on July 11, 2017, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti 

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