Brown v. Department of Health and Human Services et al
MEMORANDUM AND ORDER that Plaintiff's Motion for an Order Compelling Discovery(Filing No. 50 ) and Addendum to Plaintiff's Motion for an Order Compelling Discovery (Filing No. 51 ) are denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MEE MEE BROWN,
COURTNEY PHILIPS, Director,
SHANNON BLACK, Program
Director, KYLE MALONE, SOS
Team Leader, WILLIAM BECKER,
Program Therapist, CINDY
DYKEMAN, Program Manager, and
LISA LAURELL, Program Social
Worker, et al.,
Plaintiff filed two motions for discovery on July 19, 2017, and July 20, 2017,
which focus on documents the defendants have allegedly failed to provide to Plaintiff.
(Filing No. 50; Filing No. 51.) On August 14, 2017, the parties stipulated (Filing No.
54) to the entry of a Protective Order that pertains to certain records of the Nebraska
Department of Health and Human Services which have been requested by Plaintiff in
the discovery process. Since entry of this Protective Order will presumably facilitate
the delivery of discovery documents that are the focus of Plaintiff’s motions for
discovery, such motions will be denied without prejudice to reassertion should
Defendants refuse to produce nonprivileged documents that are “relevant to any
party’s claim or defense and proportional to the needs of the case, considering the
importance of the issues at stake in the action, the amount in controversy, the parties’
relative access to relevant information, the parties’ resources, the importance of the
discovery in resolving the issues, and whether the burden or expense of the proposed
discovery outweighs its likely benefit.” Fed. R. Civ. P. 26(b)(1). Accordingly,
IT IS ORDERED that Plaintiff’s Motion for an Order Compelling Discovery
(Filing No. 50) and Addendum to Plaintiff’s Motion for an Order Compelling
Discovery (Filing No. 51) are denied without prejudice.
DATED this 15th day of August, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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