Brown v. Fischer et al

Filing 263

ORDER TO PRODUCE. Signed by Hon. Elizabeth A. Wolford on 10/13/2023. (CAL)

Case 6:15-cv-06108-EAW-MJP Document 263 Filed 10/13/23 Page 1 of 2

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
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TOMMY LEE BROWN,
Plaintiff,
-vs.JONES, et al.
Defendants.
__________________________________________
TO:

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ORDER TO PRODUCE
15-cv-6108 (EAW)(MWP)
ECF

Ernest J. Lowerre, Superintendent
Five Points Correctional Facility
6600 State Route 96
Romulus, New York 14541

WHEREAS Tommy Lee Brown 98A5078 (“Plaintiff”) is Plaintiff in the abovecaptioned matter;
WHEREAS Plaintiff is currently in custody at Five Points Correctional Facility in
Romulus, New York;
WHEREAS Amy Jane Agnew, Esq. serves as pro bono counsel to Mr. Brown’s guardian
ad litem; and
WHEREAS Ms. Agnew has retained a forensic psychiatrist located in Texas who needs
to confidentially assess and speak with Mr. Brown; and
WHEREAS, Ms. Agnew needs to attend the session in person at Five Points so she can
be available to Mr. Brown and the expert during the assessment as necessary; and
NOW THEREFORE, IT IS ORDERED that the FIVE POINTS CORRECTIONAL
FACILITY produce Tommy Lee Brown DIN #98A5078 at any time convenient to the

Case 6:15-cv-06108-EAW-MJP Document 263 Filed 10/13/23 Page 2 of 2

facility for a privileged and confidential two hour video conference call during the week
of October 23, 2023 or October 30, 2023 that is available to Five Points, Ms. Agnew, and
her expert; and
IT IS FURTHER ORDERED that Plaintiff must be allowed to participate in the video
conference in a privileged and confidential manner with the presence of Ms. Agnew, but
without the presence of any other third parties in the room, unless safety and security
issues necessitate the termination of Mr. Brown’s presence on the call.
Dated: October 13, 2023

So ordered: _______________________________
Hon. Elizabeth A. Wolford
Chief Judge
United States District Court