Dopp v. Honaker et al

Filing 109

ORDER granting 104 Motion to Compel and 105 Motion for Extension of Time. The Court directs that CCA Defendants' motion for summary judgment is due no later than April 1, 2019. Signed by Honorable Charles Goodwin on 02/15/2019. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
RICHARD LYNN DOPP,
Plaintiff,
v.
BUDDY HONAKER et al.,
Defendants.

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Case No. CIV-16-1164-G

ORDER
Now before the Court is a Motion to Compel filed by Defendants Baird, Neau,
Neefe, Paine, and Sellers (the “CCA Defendants”) (Doc. No. 104). In their Motion, the
CCA Defendants request that Plaintiff Richard Lynn Dopp be required to sign a release
authorizing Defendants to obtain Plaintiff’s medical records from North American Spine
Institute (“NASI”).
The Court agrees that Plaintiff “has placed [his] physical condition at issue in this
case” and that any records from NASI are “relevant to [his] claims.” Schrock v. Pliva USA,
Inc., No. 08-453-M, 2010 WL 11508889, at *1 (W.D. Okla. Apr. 2, 2010); see Am. Compl.
(Doc. No. 9) at 13. Further, Plaintiff has submitted no objection to the CCA Defendants’
Motion, and thus the Motion is deemed confessed. See LCvR 7.1(g).
Accordingly, CCA Defendants’ Motion to Compel Plaintiff to provide a signed
medical-record release is GRANTED. CCA Defendants shall mail Plaintiff a release form
at his address of record within seven days of this Order. Plaintiff is directed to sign and

return the release to CCA Defendants within fourteen days of receipt. If Plaintiff does not
comply with this directive, CCA Defendants should notify the Court.
CCA Defendants’ Motion for extension of their dispositive-motion deadline (Doc.
No. 105) is GRANTED. Rather than striking the deadline, the Court directs that CCA
Defendants’ motion for summary judgment is due no later than April 1, 2019.
IT IS SO ORDERED this 15th day of February, 2019.

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