Carmichael v. Aranas et al

Filing 25

ORDER re ECF Nos. 3 , 4 Motion for TRO/Preliminary Injunction: Defendants' supplement due by 3/20/2017. (See order for further details.) Signed by Magistrate Judge William G. Cobb on 3/10/2017. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7

RICHARD LEE CARMICHAEL,

Case No. 3:17-cv-00025-MMD-WGC
Plaintiff,

8
9
10

ORDER

v.
ROMEO ARANAS, et. al.,
Defendants.

11
12
13
14
15
16
17
18
19
20
21
22
23
24

Pending before the court is Plaintiff’s Emergency Motion for Temporary Restraining
Order/Preliminary Injunction. (Electronic Case Filing (ECF) Nos. 3, 3-1, 4, 4-1.)1 Defendants
have filed a response. (ECF Nos. 14, 16-1 to 16-31, 18, 20-1 to 20-31.)2 Plaintiff filed a reply.
(ECF Nos. 22, 23.)3
The court will issue a separate minute order setting this motion for a hearing.
A. Supplement to Opposition
On or before 5:00 p.m. on March 20, 2017, Defendants shall supplement their
opposition with the following:
(1) A new sealed4 exhibit that contains all of Plaintiff’s medical records, unusual
occurrence reports, kites, letters and grievances related to his spinal condition that is at issue in
the motion for temporary restraining order/preliminary injunction, up to the present time, in
1

ECF Nos. 3, 3-1 and 4, 4-1 are identical.

25
26
27

2

ECF Nos. 14, 16-1 to 16-31 and 18, 20-1 to 20-31 are also identical.
3

ECF Nos. 22 and 23 are identical.

28
4

There is no need to file a separate motion for leave to file the exhibit under seal, as the court finds that
compelling reasons, including protecting Plaintiff’s privacy in the sensitive information contained in his medical records,
justify sealing these documents.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

chronological order.5 It appears that Defendants omitted at least one pertinent record from their
submission— a medical order dated December 21, 2016 stating that Plaintiff has advanced
cervical spondylosis, was awaiting a surgical evaluation, and that a double mattress would be
medically appropriate. (See ECF No. 22 at 97.) The court wants to make sure it has all records
relevant to Plaintiff’s spinal condition in advance of the hearing, and not just those records
Defendants have chosen to focus on. This shall include records relating to a visit with an
orthopedic surgeon on March 8, 2017, referenced in Plaintiff’s reply brief. (See ECF No. 22 at
10.) The records should be accompanied by an authenticating declaration by the custodian of
records, which was absent from the original submission of medical records. With respect to any
relevant grievances, Defendants shall submit not only NDOC’s inmate grievance history report,
but the actual grievance documentation.
(2) NDOC policies and procedures concerning transporting severely ill/injured inmates
and policies and procedures for moving the property or severely ill/injured inmates which were
not addressed in Defendants’ opposition to Plaintiff’s motion despite District Judge Du’s clear
instruction to do so (see ECF No. 5 at 13:26-28). If there are no formal policies and procedures,
Defendants shall submit a declaration by a person with personal knowledge of informal policies
and procedures on these topics.
B. Appearance at Hearing
The Attorney General’s Office shall ensure that defendant Dr. Romeo Aranas appears
telephonically and is prepared to testify at the hearing. The Attorney General’s Office shall also
ensure that a person knowledgeable regarding the prison’s policies on transporting and moving
the property of severely ill/injured inmates appears telephonically and is prepared to testify at the
hearing.

24
25
26
5

Many of the records submitted by Defendants relate to his urology condition, which is not at issue in
Plaintiff’s motion as it focuses on his spinal condition and his transport to another NDOC facility in light of this
condition, as well as his ability to lift his property.

-2-

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

C. Plaintiff’s Review of Medical Records and Access to Medical Records at Time of
Hearing
Plaintiff shall be given an opportunity to review his medical file in advance of the
hearing, and that shall include all of the documents included in the newly filed exhibit discussed
in this order. Plaintiff shall be given a reasonable time to review these records, and should be
permitted to take notes. Plaintiff shall also be given access to the records at the time of the
hearing so that he may reference them as necessary.
D. Service
Finally, the court notes that Defendants’ opposition to Plaintiff’s motion for temporary
restraining order/preliminary injunction was electronically served on Plaintiff in care of the
Lovelock Correctional Center (LCC) librarian, even though the docket reflects that Plaintiff is
housed at Northern Nevada Correctional Center (NNCC). Plaintiff appears to have nevertheless
received the filing, but in the future Defendants should take care to serve Plaintiff at his housing
facility of record. If there was a change in Plaintiff’s housing assignment, it was incumbent upon
Plaintiff to file a notice of change of address.
IT IS SO ORDERED.
DATED: March 10, 2017.

18
19
20

__________________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26

-3-