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)

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Case 2:17-cv-01745-RFB-DJA Document 278 Filed 07/30/20 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 WAYNE A. PORRETTI, 8 9 10 11 Plaintiff, Case No. 2:17-cv-01745-RFB-DJA ORDER v. JAMES DZURENDA, et al., Defendants. 12 13 The Court has reviewed Defendants’ submission of Plaintiff’s proposed treatment plan 14 (ECF No. 270) in accordance with the Court’s order mandating the Nevada Department of 15 Corrections provide Plaintiff prescriptions for Wellbutrin and Seroquel (ECF No. 256). The Court 16 finds this proposed treatment plan constitutes a clear violation of the Court’s order. Defendants 17 indicate the court-ordered relief will only be provided “should [Wellbutrin and Seroquel] be 18 determined clinically indicated by” NDOC’s provider, Sarah Hall. (ECF No. 270-2 at 3). The 19 Court ordered specific treatment on the basis of several evidentiary hearings and a reasoned 20 analysis of the facts at issue in light of the relevant caselaw. The Court did not afford Defendants 21 the opportunity to “decide” whether to follow the Court’s ordered treatment. Furthermore, Plaintiff 22 has filed a motion (ECF No. 273) indicating he has yet to meet with Hall, despite Defendants’ 23 representations that a clinical interview would be completed by July 15, 2020. 24 25 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. 26 In light of Defendants’ blatant violation of the Court’s order, the Court will order a hearing 27 in this matter to evaluate Defendants’ compliance with this Court’s order. Defendants shall have 28 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 1 If they fail to do so, the Court will impose sanctions. These sanctions may include monetary 2 sanctions and case-dispositive sanctions, as to all relevant defendants. 3 IT IS THEREFORE ORDERED that a hearing is scheduled in this matter for Friday, 4 August 7, 2020 at 10:00 AM by Zoom video conference. The Office of the Attorney General is 5 directed to facilitate the videoconference appearance of Plaintiff. 6 IT IS FURTHER ORDERED that two days before the hearing, Defendants shall produce 7 documentation indicating how many times Plaintiff has been seen by a medical provider since May 8 31, 2020, and by whom specifically. 9 10 DATED: July 29, 2020. 11 __________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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