Lerma v. UTMB - Correctional Managed Health Care et al

Filing 47

ORDER Denying 42 Motion to unseal medical records; Denying 43 Motion for Summary Judgment; Denying without prejudice 28 Rebuttal/Motion to proceed.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

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United States District Court Southern District of Texas IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ELIBORIO LERMA, JR., Plaintiff, v. UTMB, et al., Defendants. § § § § § § § § § ENTERED October 12, 2016 David J. Bradley, Clerk CIVIL ACTION H-16-25 ORDER Plaintiff’s motion to unseal his medical records for use in the pending summary judgment proceedings (Docket Entry No. 42) is DENIED. The Court has access to the sealed medical records, and plaintiff may reference, or attach copies of, his medical records as he deems necessary. It is not necessary to unseal the records. Plaintiff’s rebuttal and motion to proceed (Docket Entry No. 28) is DENIED WITHOUT PREJUDICE for plaintiff’s failure to include the required certificate of service showing that he served counsel for defendants a copy of the pleading. Plaintiff’s motion for summary judgment (Docket Entry No. 43) is DENIED. Plaintiff does not show that he is entitled to judgment as a matter of law. Signed at Houston, Texas on October 12, 2016. Gray H. Miller United States District Judge

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