Vega v. Hatfield et al

Filing 54

DECISION & ORDER granting 44 Motion to Compel. Defendants are directed to provide Vega with authorizations consistent with this Order by no later than 3/14/2014, and Vega is directed to complete and return the authorizations to defendants by no later than 3/24/2014. Signed by Hon. Marian W. Payson on 2/28/2014. (KAH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

PEDRO VEGA,
DECISION & ORDER
Plaintiff,
09-CV-6346G
v.
DANIEL W. HATFIELD, et al.,
Defendants.

On July 9, 2009, pro se plaintiff Pedro Vega (“Vega”) filed this lawsuit against
the New York State Department of Corrections1 and various individual corrections officers
(“defendants”) alleging constitutional and state law claims arising from an incident that occurred
on January 8, 2007, during which the defendants allegedly assaulted Vega. (Docket # 1). On
June 13, 2013, defendants filed a motion to compel discovery. (Docket # 44).
Defendants seek to compel Vega to provide authorizations to permit them to
obtain his medical, dental and mental health records from January 1, 2005 to January 1, 2007.
(Docket # 44-2 at 3). On July 11, 2013, Vega filed a response to the motion indicating that he
did not oppose the motion, but requested that any order compelling him to provide authorizations
be limited in scope to records dated no more than three years prior to January 8, 2007, the date of
the incident alleged in the complaint. (Docket # 46 at 1). Accordingly, defendants’ motion to
compel is granted on the grounds that it is unopposed, and Vega is directed to provide to counsel
for defendants authorizations to obtain his medical, dental and mental health records from
January 1, 2005 to January 1, 2007.
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The New York State Department of Corrections has been dismissed from this case. (Docket # 31).

CONCLUSION
Accordingly, defendants’ motion to compel (Docket # 44) is GRANTED.
Defendants are directed to provide Vega with authorizations consistent with this Order by no
later than March 14, 2014, and Vega is directed to complete and return the authorizations to
defendants by no later than March 24, 2014.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
February 28 , 2014

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