Montgomery v. Las Vegas Metropolitan Police Department et al

Filing 45

ORDER Denying 35 Plaintiff's Motion for Disclosed Medical Records Order without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 08/27/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BOBBY LEE MONTGOMERY,

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Plaintiff,
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vs.
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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al.,

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Defendants.
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2:12-cv-817-MMD-NJK

ORDER

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Before the Court is Plaintiff’s Motion for Disclosed Medical Records Order. Docket No.

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35. The Court finds this motion appropriately resolved without oral argument. Local Rule 78-2.

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BACKGROUND
Plaintiff requests a court order requiring Octapharma Plasma Inc., in Las Vegas, Nevada,

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to provide him with his medical records. See Motion, Docket No. 35. Plaintiff explains that he

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was an ironworker in Arlington, Texas, but then became homeless for several months after he

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was arrested by the Las Vegas Metropolitan Police Department (LVMPD). Id. During that time,

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his only source of income became donating plasma. Id.

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DISCUSSION
On April 19, 2013, the Court dismissed all of Plaintiff’s claims against LVMPD with

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leave to amend. See Docket No. 40. At that point, to the extent that Plaintiff’s Motion was

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relevant to his claims against LVMPD, his Motion became moot. Additionally, Plaintiff is

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requesting his own medical records from an entity that is not a party to this litigation. Plaintiff

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has not indicated that he served this request on Octapharma Plasma Inc., nor that he has

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attempted to obtain this information without Court intervention.

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CONCLUSION

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Based on the foregoing, and good cause appearing therefore,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Disclosed Medical Records Order

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(#35) is DENIED without prejudice.
DATED this

27th

day of August, 2013

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NANCY J. KOPPE
United States Magistrate Judge

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