Toney v. Hakala et al

Filing 196

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for Default Judgment and/or Sanctions and Expenses 188 is DENIED. Signed by District Judge John A. Ross on 12/7/12. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JAMES TONEY,

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Plaintiff,
vs.
MICHAEL HAKALA, et al.,
Defendants.

Case No. 4:10-CV-2056-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Default Judgment and/or
Sanctions and Expenses. [ECF No. 188] Plaintiff moves for entry of default judgment against
Defendants based on their alleged failure and refusal to cooperate in discovery. Plaintiff also
seeks an order requiring Defendants to pay him $100 for his expense incurred in litigating his
various motions to compel. The motion is fully briefed and ready for disposition.1 For the
following reasons, the motion will be denied.
Federal Rule of Civil Procedure 37(b)(2) authorizes the Court to impose sanctions upon
parties who fail to comply with discovery orders; however, dismissal of claims or entry of
default judgment may be considered as a sanction only if there is: (1) an order compelling
discovery; (2) a willful violation of that order; and (3) prejudice to the other party. Keefer v.
Provident Life and Acc. Ins. Co., 238 F.3d 937, 940-41 (8th Cir. 2000). The Court finds the
record in this case does not support the imposition of sanctions against Defendants.

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On November 15, 2012, Defendants filed their Response in Opposition to Plaintiff’s
Motion for Default Judgment. [ECF No. 189] Plaintiff filed a Supplement to his Motion for
Default Judgment on November 16, 2012 [ECF No. 190] and on November 26, 2012,
Defendants filed their Response in Opposition. [ECF No. 192].

On October 16, 2012, this Court ordered Defendants to provide Plaintiff’s designated
medical expert, Dr. Steven R. Graboff, with Plaintiff’s medical records, including copies of his
x-rays and DVD/CD recordings of his MRI scans images within seven days from the date of its
Order. (Doc. No. 183) On October 24, 2012, Defendants filed a Memorandum of Partial
Compliance (Doc. No. 186) stating that on October 23, 2012, Defendants sent Dr. Graboff, by
Federal Express overnight mail, the following documents and information: (1) medical records
of James Toney; (2) CDs from Physicians Imaging; and (3) CDs from University of Missouri
Health Care. In addition, on October 24, 2012, Defendants sent Dr. Graboff, by Federal Express
overnight mail, Plaintiff’s x-ray films from his time at Southeast Correctional Center.
Defendants represented that they had requested copies of Plaintiff’s x-rays and DVD/CD
recordings of his MRI scans from Missouri Delta Medical Center, Vista Imaging, Capital Region
Medical Center, Potosi Correctional Center and Eastern Reception and Diagnostic Correctional
Center, but had not yet received this information because, according to each entity, more than
seven days was required to make copies of the images and recordings. Prepayment was also
required. Defendants stated that as soon as this information was received, it would be forwarded
to Dr. Graboff.
On November 2, 2012, Defendants filed a Second Memorandum of Partial Compliance
(Doc. No. 187) stating that on November 1, 2012, Defendants sent Dr. Graboff, by Federal
Express overnight, a CD containing the MRI films of Plaintiff from Vista Imaging. On
November 2, 2012, Defendants sent Dr. Graboff, by Federal Express overnight, copies of
Plaintiff’s x-ray films taken at Eastern Reception and Diagnostic Correctional Center. On
November 5, 2012, Defendants sent Dr. Graboff, by Federal Express overnight, the CD

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containing Plaintiff’s MRI films from Missouri Delta Medical Center. On November 13, 2012,
Defendants sent Dr. Graboff, by Federal Express overnight, Plaintiff’s x-ray films taken at Potosi
Correctional Center.
On November 16, 2012, Defendants filed a Final Memorandum of Compliance (Doc. No.
191) stating that on November 5, 2012, Defendants’ counsel received a CD containing Plaintiff’s
MRI films from Missouri Delta Medical Center. Upon receiving the CD, Defendants sent it to Dr.
Graboff, by Federal Express overnight. On November 13, 2012, Defendants’ counsel received copies
of Plaintiff’s x-rays from his time at Potosi Correctional Center (“PCC”). These films had been sent
to an outside facility for copying because PCC did not have the capability to copy the films in house.
Upon receipt back to PCC, PCC sent the films by Federal Express overnight to Defendants’ counsel.
On November 13, 2012, Defendants sent Dr. Graboff, by Federal Express overnight, copies of those
x-ray films.

Contrary to Plaintiff’s assertions, it appears to the Court that Dr. Graboff has been
provided with all of the outstanding x-rays images and CD recordings of MRI scans as well as a
copy of Plaintiff’s medical records, which included reports of all of the x-rays images and MRI
scans relevant to Plaintiff’s claims. The Court therefore finds that Defendants have complied
with its Order of October 16, 2012. Because Plaintiff has not been denied any medical records
relevant to his claims against Defendants, Plaintiff has not been prejudiced and he is not entitled
to sanctions.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment and/or
Sanctions and Expenses [188] is DENIED.

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Dated this 7th day of December, 2012.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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