Baker et al v. Steele et al

Filing 40

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Compel (Doc. 34 ) is DENIED. Defendants shall provide Plaintiff with his medical records as indicated in their brief in opposition. IT IS FURTHER ORDERD the Plaintiff's Motion to Amend/Correct the Case Management Order (Doc. 37 ) is GRANTED. All discovery in this case must be completed by March 1, 2015. Signed by District Judge John A. Ross on 1/8/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

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BARRY BAKER,
Plaintiff,

v.

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No. 4:14-CV-333-JAR

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TROY STEELE, et al.,
Defendants.

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiffs Motion to Compel (Doc. 34). Defendants
have responded (Doc. 39). For the following reasons, Plaintiffs motion is DENIED.
Plaintiff seeks to compel the production of his medical and mental health records as well
as various Department of Correction policies, video camera footage, and his individual
confinement records during his time in administrative segregation.

Defendants respond

indicating that although the medical records are not in their possession and therefore not
compellable, they "are in the process of procuring and copying plaintiffs medical records, which
they will provide to plaintiff free of charge" (Doc. 39 at 4).

The Court therefore directs

Defendants to provide them to Plaintiff as indicated. In all other respects, the Defendants have
presented sufficient reasons why the materials Plaintiff seeks would threaten the security of the
prison and are therefore not discoverable.
Plaintiff has also filed a Motion to Amend/Correct the Case Management Order (Doc.
37). Plaintiff requests the Court extend the deadline for all discovery sixty days from January 1,
2015 to March 1, 2015. In support of his motion Plaintiff directs the Court to the pending

Motion to Compel and indicates that he has not received responses to interrogatories and
admissions, had not yet been able to obtain his medical records and has not received the DOC
policies he requested. As indicated above, the Court will direct Defendants to provide Plaintiff
with his medical records as indicated in their brief in opposition. Therefore, an extension of the
discovery deadline is warranted. The Court further notes that there is a pending Motion for
Summary Judgment (Doc. 29) which is fully briefed and will be taken up for consideration.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion to Compel (Doc. 34) is DENIED.

Defendants shall provide Plaintiff with his medical records as indicated in their brief in
opposition.
IT IS FURTHER ORDERD the Plaintiffs Motion to Amend/Correct the Case

Management Order (Doc. 37) is GRANTED. All discovery in this case must be completed by
March 1, 2015.

Dated this 8th day of January, 2015.

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A.ROSS
ITED STATES DISTRICT JUDGE
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