Smith v. Washtenaw Intermediate School District et al

Filing 59

ORDER GRANTING DEFENDANTS' 56 Motion to Compel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROSA SMITH, by and through
her guardian, DOREEN SMITH,
Plaintiff,

No. 17-13571

v.

District Judge Arthur J. Tarnow
Magistrate Judge R. Steven Whalen

WASHTENAW INTERMEDIATE
SCHOOL DISTRICT, ET AL.,
Defendants.
/
ORDER
Before the Court is Defendants’ Motion to Compel Against the Michigan
Department of Human Services [Doc. #56]. Specifically, Defendants seek compliance
with a subpoena, dated October 24, 2018, directing the Michigan Department of Health
and Human Services (“MDHHS”) to produce records related to respite care provided for
Rosa Smith, Doreen Smith, or Chris Smith. Appended to the motion as Exhibit 2 is an
email from Melissa Barrett, of the MDHHS Bureau of Legal Affairs, stating, “Even
though the mother signed an authorization, we cannot release these records to you
because you do not represent somebody who can receive them under the Child Protection
Law, MCL 722.627. In order for us to release these records to you, we would need a
court order signed by a judge.”
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The subpoenaed records are clearly relevant to the claims and/or defenses in this
case. Therefore,
IT IS ORDERED that Defendants’ Motion to Compel [Doc. #56] is GRANTED.
IT IS FURTHER ORDERED that the Michigan Department of Health and Human
Services will produce to Defendants’ counsel the records requested in the October 24,
2018 subpoena no later than 14 days from the date of this Order.
s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: February 26, 2019

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on February 26, 2019, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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