BUTLER v. SISSEM et al

Filing 98

ORDER granting 80 Plaintiff's Motion to Compel. Defendant Howard Sissem is ORDERED to provide full and complete responses to questions one, two, four, and five of Plaintiffs second set of interrogatories within 14 days of this order. Signed by Magistrate Judge Richard A. Lanzillo on 9/25/19. (jdg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN BUTLER,
Plaintiff
v.
HOWARD SISSEM, et al.,

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Case No. 1:18-cv-141 Erie
RICHARD A. LANZILLO
UNITED STATES MAGISTRATE JUDGE
ORDER ON PLAINTIFF’S MOTION
TO COMPEL [ECF No. 80]

Presently pending before the Court is Plaintiff John Butler’s motion to compel discovery
pursuant to Federal Rule of Civil Procedure 37. ECF No. 80. In his motion, Butler asserts that
Defendant Howard Sissem failed to adequately and fully respond to several questions presented
in Butler’s second set of interrogatories.
Federal Rule of Civil Procedure 37 allows a party who receives evasive or incomplete
discovery responses to seek a court order compelling additional disclosure or discovery. After
carefully considering Butler’s motion and exhibits, the Court agrees that Sissem’s responses
were incomplete and/or evasive. In his second set of interrogatories, Butler posed a series of
questions that, although similar to those contained in his first set of interrogatories, clearly
sought different information. Butler’s questions were both specific and narrowly tailored.
Nevertheless, Sissem responded by either referring Butler to his prior interrogatory answers or
directing him to an earlier grievance response. These responses are inadequate. Accordingly,
Butler’s motion to compel is GRANTED and Sissem is hereby ORDERED to provide full and

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complete responses to questions one, two, four, and five of Plaintiff’s second set of
interrogatories within 14 days of this order.
In the meantime, Butler has requested an update as to the status of this case. See ECF
Nos. 96, 97. The Court notes that counsel entered an appearance for previously-unserved
Defendant Dr. Jose Boggio on August 9, 2019. ECF Nos. 90, 92. Per the Court’s subsequent
order, Boggio’s response to the complaint is due on or before October 8, 2019. See ECF No. 93.
Once Boggio has responded, the Court will set a deadline for Butler and Boggio to exchange
discovery materials, if applicable.
IT IS SO ORDERED.

/s/ Richard A. Lanzillo_______
RICHARD A. LANZILLO
United States Magistrate Judge
Dated: September 25, 2019

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