Wedmore v. Jorgenson et al

Filing 52

ORDER by Magistrate Judge Charles S. Miller, Jr. granting in part 46 Motion to Compel and Motion for Extension of Time to Complete Discovery; granting in part 51 Motion to Compel; granting 48 Motion for Extension of Time to File Dispositive Motions. Dispositive motions due by October 31, 2016. (BG) Distributed on 9/19/2016 (jt). (Main Document 52 replaced on 9/19/2016 to correct date - re-distributed to Wedmore). NEF distributed. (js)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Travis L. Wedmore,

)
)
Plaintiff,
)
ORDER
)
vs.
)
)
Brian Jorgenson, et al.,
)
)
Case No. 1:14-cv-149
Defendant.
)
______________________________________________________________________________
On August 25, 2016, plaintiff filed what the court construes as a motion to compel and for
additional time to complete discovery. The motion reads as follows:
1. I requested the Records for the time I was in Observation (between May 12th and
May 22nd, 2014). But I never received them . . . I need them to prove what actually
happened. But if I don't get them, then I have no way of providing the records for
the exhibits for that claim.
"What do they have that they need to hide?" By not allowing me access to those
records, they must be hiding something.
Could you get me the records for the dates listed above?
2. I need a little more time . . . I am in the process of typing up my exhibits and
discoveries, as I just received some (NOT ALL) of my records as requested. I am
still waiting/trying to get the records for what I wrote about in #1 . . . Can you please
give me a couple more weeks?
3. I need some assistance . . . I don't know what to do with the #2 on the "Discovery
Plan." It states: The parties shall provide names of expert witnesses and complete
reports under Rule 26(a)(2) as follows:
Plaintiff by August 22, 2016
Defendant by September 22 2016:
Could you please me understand what I have to do?
Thank you!
(Docket No. 46).
On September 8, 2016, defendants filed a response in opposition to plaintiff's motion. First,

1

they maintain that they have already produced internal North Dakota State Penitentiary memoranda
between staff, incident reports, hearing records, and copies of plaintiff's inmate requests in response
to plaintiff's discovery requests. Second, insofar as plaintiff is seeking production of medical,
psychological, or treatment records from May 12-22, 2014, they assert: (1) such records are
considered confidential under N.D.C.C. § 12-47-36(2)1 and can only be released pursuant to a court
order; (2) plaintiff neither formally requested a court order to release these records nor otherwise
demonstrated that he has a proper and legitimate purpose for inspecting these records.
On September 13, 2016, defendants filed a motion to extend the September 30, 2016,
dispositive motion deadline by 30 days. The basis for their motion is that they have new counsel,
who needs additional time to review the case and prepare a dispositive motion.
On September 15, 2016, plaintiff filed a another motion to compel production of all
institutional records generated while in he was held in observation from May 12 until May 22, 2014.
Having reviewed the record, the court concludes that plaintiff has articulated a proper and
legitimate purpose for inspecting records generated while he immediately following his alleged
suicide attempt, subsequent treatment, and five days spent in observation. What care plaintiff was
provided and how he was treated while in observation are at issue. Accordingly, the court
GRANTS plaintiff's motions (Docket No. 46 and 51) in part. Defendants shall provide plaintiff
1

N.D.C.C. § 12-47-36(2) provides:

The medical, psychological, and treatment records of the department of corrections and rehabilitation
or its divisions or departments relating to persons in the custody or under the supervision and
management of the division of adult services of the department of corrections and rehabilitation are
confidential, and may not be disclosed directly or indirectly to any person, organization, or agency,
except as otherwise provided in this section. A district court may order the inspection of medical,
psychological, and treatment records, or parts of those records, upon application to the court and a
showing that there is a proper and legitimate purpose for the inspection of the records, with service
of the application on the department of corrections and rehabilitation and opportunity for the
department of corrections and rehabilitation to submit a written response.

2

with a copy of his medical, psychological, and treatment records from May 14, 2014, through May
19, 2014.
For good cause shown, the court also GRANTS defendants' motion (Docket No. 48). The
deadline for filing dispositive motions shall be extended until October 31, 2016.
IT IS SO ORDERED.
Dated this 19th day of September, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

3