Wright et al v. Mauk et al

Filing 98

ORDER as to Defendants motion for an order of release of Plaintiff Joseph Wrights health information [Doc. 97]. The parties are ORDERED to confer by telephone within three days as to the motion and possible resolution. If no resolution Counsel are DIRECTED to jointly contact chambers via telephone to schedule an in-person hearing subject to the requirements and sanctions addressed in Rule 37. Signed by Magistrate Judge Susan K Lee on 12/07/2016. (KRS, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA

RATHEL MARTIN, as Conservator of
JOSEPH WRIGHT, and
TEESHA WRIGHT,

Plaintiffs,
v.

CYNTHIA L. MAUK, in her professional
and individual capacity, et al.,
Defendants.

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No. 1:14-cv-243-SKL

ORDER
Before the Court is Defendants’ motion for an order of release of Plaintiff Joseph Wright’s
health information, with attached proposed order, which requests an expedited briefing schedule
and hearing [Doc. 97 and 97-1]. The Court construes this motion as seeking discovery, which
invokes the requirements of Federal Rule of Civil Procedure 37(a)(1). Thus, the movant “must
include a certification that the movant has in good faith conferred or attempted to confer with the
person or party failing to make disclosure or discovery in an effort to obtain it without court
action.” Defendants have not included the required certification with their motion. In fact, there
is no mention in Defendants’ motion of any attempt by counsel to confer regarding an agreed order
for release of Plaintiff Joseph Wright’s medical records.
The parties are ORDERED to confer by telephone within three days concerning the relief
requested in the motion and a possible resolution of same. If mutual agreement is not reached

when counsel confer by telephone they are DIRECTED to jointly contact chambers via telephone
to schedule an in-person hearing subject to the requirements and sanctions addressed in Rule 37.
SO ORDERED.
ENTER:
s/fâátÇ ^A _xx
_
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE

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