Butler v. Corizon Health, Inc. et al

Filing 40

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiffs motion for issuance of subpoenas (Doc. No. 25 ) is DENIED in part, as moot, with respect to Corizon, LLC and St. Louis City Justice Center, and DENIED without prejudice with respect to B arnes-Jewish. IT IS FURTHER ORDERED that, if Plaintiff still wishes to subpoena Barnes- Jewish, he must, no later than Friday, December 16, 2016, submit to the Court a motion and memorandum explaining (1) why the documents he seeks are relevant to h is case, (2) why he believes Barnes-Jewish has possession of relevant documents, and (3) how he will provide the necessary costs, if any, related to document production. IT IS FURTHER ORDERED that the Clerk of Court is directed to send Plaintiff a copy of the docket sheet. IT IS FURTHER ORDERED that Plaintiffs request for an extension of time to make his Rule 26(a)(1) disclosures is GRANTED. No later than Friday, December 30, 2016, Plaintiff is directed to disclose to the other parties the f ollowing: (A) A list, including addresses, of all persons having knowledge or information of the facts giving rise to Plaintiffs claim. (B) All documents that Plaintiff believes mention, relate to, or in any way support Plaintiffs claim. Signed by District Judge Audrey G. Fleissig on 11/30/2016. (NEB) (A copy of the docket sheet was mailed to the Plaintiff.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ARCHIE LEMONT BUTLER,
Plaintiff,
v.
CORIZON HEALTH, INC., et al.,
Defendants.

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No. 4:16CV00590 AGF

MEMORANDUM AND ORDER
Before the Court is pro se Plaintiff Archie Lemont Butler’s request that the Court
issue subpoenas to the following entities: non-party Barnes-Jewish Hospital (“BarnesJewish”); Defendant Corizon, LLC (“Corizon”); and non-party St. Louis City Justice
Center. Plaintiff seeks from each of these entities his dental records from December 2015
to August 2016. Plaintiff also requests a copy of the docket sheet. In response, Corizon
states that it will provide Plaintiff’s dental and medical records from the St. Louis City
Justice Center from his intake in October 2015 to July 12, 2016, and that issuing subpoenas
to Corizon and St. Louis City Justice Center would therefore be unnecessary. (Doc. No. 26
at 2.) Corizon also asserts that it is in the course of obtaining Plaintiff’s updated medical
and dental records and will produce any further supplementation. In reply, Plaintiff
maintains his request to subpoena his dental records from Barnes-Jewish. Plaintiff also
appears to request an extension of time to make his Rule 26(a)(1) disclosures.

Corizon does not object to Plaintiff’s request to subpoena Barnes-Jewish so long as
Plaintiff adheres to Rule 45, Fed. R. Civ. P. Upon review of the record, it is unclear when
Plaintiff received dental treatment at Barnes-Jewish, and whether the records of that
treatment, if any, are relevant to this instant action.
For the reasons stated above and for good cause shown,
IT IS HEREBY ORDERED that Plaintiff’s motion for issuance of subpoenas (Doc.
No. 25) is DENIED in part, as moot, with respect to Corizon, LLC and St. Louis City
Justice Center, and DENIED without prejudice with respect to Barnes-Jewish.
IT IS FURTHER ORDERED that, if Plaintiff still wishes to subpoena BarnesJewish, he must, no later than Friday, December 16, 2016, submit to the Court a motion
and memorandum explaining (1) why the documents he seeks are relevant to his case, (2)
why he believes Barnes-Jewish has possession of relevant documents, and (3) how he will
provide the necessary costs, if any, related to document production.
IT IS FURTHER ORDERED that the Clerk of Court is directed to send Plaintiff a
copy of the docket sheet.
IT IS FURTHER ORDERED that Plaintiff’s request for an extension of time to
make his Rule 26(a)(1) disclosures is GRANTED. No later than Friday, December 30,
2016, Plaintiff is directed to disclose to the other parties the following:

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(A)

A list, including addresses, of all persons having knowledge or information of
the facts giving rise to Plaintiff’s claim.

(B)

All documents that Plaintiff believes mention, relate to, or in any way support
Plaintiff’s claim.

Dated this 30th day of November, 2016.

__________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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