Lippett v. Corizon Health et al

Filing 31

ORDER GRANTING Plaintiff's 22 Motion to Compel and setting Notice of Hearing--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEON LIPPETT,
Case No. 2:18-cv-11175
District Judge Paul D. Borman
Magistrate Judge Anthony P. Patti

Plaintiff,
v.
CORIZON HEALTH,
DR. BETH CARTER,
DIANE HERRING,
SHARON DRAYELLING,
LISA ADRAY,
OFFICER JORDAN, and
M. PIECUCH,
Defendants.
__________________________/

ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL ANSWERS
TO INTERROGATORIES (DE 22) and NOTICE OF HEARING ON
PLAINTIFF’S SECOND MOTION TO COMPEL (DE 28)
Leon Lippett is currently incarcerated at the Michigan Department of
Corrections (MDOC) Macomb Correctional Facility (MRF). See
www.michigan.gov/corrections, “Offender Search.” On April 13, 2018, via
counsel, Mr. Lippett filed the instant lawsuit, the factual allegations of which stem
from the events of June 25, 2017, when he “began to experience pain and swelling
in one of his left toes,” which was “later diagnosed as cellulitis.” (DE 1 ¶¶ 20-58.)
Plaintiff’s causes of action include deliberate indifference to medical needs, gross
negligence, and intentional infliction of emotional distress. (DE 1 ¶¶ 59-73.)
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Currently before the Court is Plaintiff’s January 4, 2019 motion to compel
answers to interrogatories, regarding which Defendants Carter and Corizon have
filed a response. (DEs 22, 23.) Judge Borman referred this motion to me for
hearing and determination, and a hearing was noticed for February 22, 2019. (DEs
25, 26.) On that date, attorneys Mark R. Bendure and Wedad Ibrahim appeared.
The Court entertained oral argument on the motion as narrowed by the joint list of
unresolved issues, after which the Court issued its ruling from the bench.
For the reasons stated on the record, all of which are incorporated herein by
reference, Plaintiff’s January 4, 2019 motion to compel answers to interrogatories
(DE 22), as narrowed by the parties’ joint statement (DE 29), is GRANTED.
Defendants’ general objections are OVERRULED, as are their specific objections
to the interrogatories at issue. Accordingly, no later than Friday, March 15, 2019,
Defendants Carter and Corizon shall serve answers without objections to
Interrogatory Nos. 4 and 8, which the Court modifies in consideration of the
proportionality factors under Fed. R. Civ. P. 26(b)(1) and/or consistent with the
parties’ Joint Statement of Resolved/Unresolved Issues, as follows:


Interrogatory No. 4: For the period of January 1, 2013 to June
26, 2017, please state whether any State, or prison authority of
any State, has cancelled or decided not to renew any contract
with Corizon for prison medical services. If so, please state:
(a) The State and date of cancellation or non-renewal; (b) All
reasons cited by the State for cancellation or non-renewal; and,
(c) If you will do so without a motion to compel, please provide
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copies of all documents reflecting the State’s decision to cancel
or non-renew or the reasons for that decision.


Interrogatory No. 8: Please identify all medical treatises,
textbooks, studies or other writing that you believe are
authoritative, as of June 2017 or which will be relied on at trial,
on the subjects of the appropriate treatment of a patient with
cellulitis or symptoms of infection.

Additionally, Plaintiff’s February 15, 2019 second motion to compel discovery
(DE 28), which was recently referred to me (DE 30), is hereby noticed for a
hearing on Monday, March 18, 2019 at 10 a.m. Defendants Carter and Corizon’s
response is due on or before Friday, March 1, 2019. Plaintiff’s reply is due on or
before Friday, March 8, 2019. The parties’ joint statement of resolved and
unresolved issues is due on or before Thursday, March 14, 2019.
IT IS SO ORDERED.
Dated: February 24, 2019

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 February 25, 2019, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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