Porretti v. Dzurenda et al

Filing 278

ORDER Re: 270 Response. Hearing set for 8/7/2020 at 10:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware II. Two days before the hearing, Defendants shall produce documentation (see order for details). Signed by Judge Richard F. Boulware, II on 7/29/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01745-RFB-DJA Document 278 Filed 07/30/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WAYNE A. PORRETTI,

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Plaintiff,

Case No. 2:17-cv-01745-RFB-DJA
ORDER

v.
JAMES DZURENDA, et al.,
Defendants.

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The Court has reviewed Defendants’ submission of Plaintiff’s proposed treatment plan

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(ECF No. 270) in accordance with the Court’s order mandating the Nevada Department of

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Corrections provide Plaintiff prescriptions for Wellbutrin and Seroquel (ECF No. 256). The Court

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finds this proposed treatment plan constitutes a clear violation of the Court’s order. Defendants

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indicate the court-ordered relief will only be provided “should [Wellbutrin and Seroquel] be

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determined clinically indicated by” NDOC’s provider, Sarah Hall. (ECF No. 270-2 at 3). The

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Court ordered specific treatment on the basis of several evidentiary hearings and a reasoned

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analysis of the facts at issue in light of the relevant caselaw. The Court did not afford Defendants

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the opportunity to “decide” whether to follow the Court’s ordered treatment. Furthermore, Plaintiff

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has filed a motion (ECF No. 273) indicating he has yet to meet with Hall, despite Defendants’

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representations that a clinical interview would be completed by July 15, 2020.

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The Court finds that the Defendants’ conduct represents an unfortunate and continuous
pattern in this case of failing to provide adequate medical treatment to Mr. Porretti.

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In light of Defendants’ blatant violation of the Court’s order, the Court will order a hearing

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in this matter to evaluate Defendants’ compliance with this Court’s order. Defendants shall have

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until the date of the hearing to provide Plaintiff the treatment mandated by the Court’s prior order.

Case 2:17-cv-01745-RFB-DJA Document 278 Filed 07/30/20 Page 2 of 2

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If they fail to do so, the Court will impose sanctions. These sanctions may include monetary

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sanctions and case-dispositive sanctions, as to all relevant defendants.

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IT IS THEREFORE ORDERED that a hearing is scheduled in this matter for Friday,

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August 7, 2020 at 10:00 AM by Zoom video conference. The Office of the Attorney General is

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directed to facilitate the videoconference appearance of Plaintiff.

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IT IS FURTHER ORDERED that two days before the hearing, Defendants shall produce

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documentation indicating how many times Plaintiff has been seen by a medical provider since May

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31, 2020, and by whom specifically.

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DATED: July 29, 2020.

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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