Staffa v. Pollard et al

Filing 122

ORDER signed by Judge Rudolph T. Randa on 7/28/2014. 106 Plaintiff's MOTION for jury DENIED; 113 Plaintiff's MOTION for temporary restraining order/injunction DENIED; 115 Defendants' MOTION to quash subpoena GRANTED; 116 Plaintiff's MOTION for copy of subpoenaed evidence/oral argument of evidence DENIED. (cc: all counsel, via US mail to Mark Staffa at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

MARK P. STAFFA,
Plaintiff,
-vs-

Case No.

13-CV-5

WILLIAM POLLARD, DR. DAVID BURNETT,
DR. P. SUMNICHT, BELINDA SCHRUBBE,
and JAMES GREER,
Defendants.

DECISION AND ORDER

The plaintiff has filed a Motion Request for Jury in which he requests that the
Court convene a jury in this matter because he has defeated the defendants’ motion for
summary judgment. However, while the plaintiff’s jury demand in this case is noted, the
defendants’ summary judgment is still pending. The motion is fully briefed and will be
addressed in a subsequent order. Therefore, the plaintiff’s motion will be denied.
On July 7, 2014, the plaintiff filed a Request for Intervention in which he
asserts that it is time to grant his motion for temporary restraining order and injunction.
According to the plaintiff, he had surgery on June 13 to remove a large lump on his left rib
cage but the lump grew back in fourteen days. He states that he still has outbreaks that are
highly contagious. The plaintiff requests to be told the truth about what the defendants have
exposed him to and how much damage it has done. The Court previously denied the

plaintiff’s two motions for temporary restraining order/injunction. (Docket ## 19, 26.) His
previous motions revealed that he was receiving ongoing medical care for his condition, as
does his current motion. As such, the motion will be denied.
On July 11, 2014, the defendants filed a motion to quash plaintiff’s subpoena
requesting production of personal medical records of other inmates and Wisconsin
Department of Corrections (DOC) staff. The Court previously denied a similar motion to
compel made by the plaintiff with regard to the defendants and DOC staff, finding that the
request was irrelevant because the plaintiff’s claim in this case is based on the alleged lack
of treatment for MRSA, and not the transmission thereof, which allegedly took place during
a MSRA outbreak at Waupun Correctional Institution in 2006. In addition, the defendants
assert that they do not have access to DOC staff members’ medical records and do not have
access to other inmates’ medical records without authorization. Accordingly, the defendants’
motion to quash will be granted. See Fed. R. Civ. P. 45(d)(3).
On July 14, 2014, the plaintiff filed a Motion for Copy of Subpoenaed
Evidence and Oral Argument of Evidence.

However, because the Court granted the

defendants’ motion to quash, the plaintiff’s motion will be denied.
IT IS THEREFORE ORDERED that the plaintiff’s motion for jury (Docket
# 106) is DENIED.
IT IS FURTHER ORDERED that the plaintiff’s motion for temporary
restraining order and injunction (Docket # 113) is DENIED.

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IT IS FURTHER ORDERED that the defendants’ motion to quash subpoena
(Docket # 115) is GRANTED.
IT IS FURTHER ORDERED that the plaintiff’s motion for copy of
subpoenaed evidence and for oral argument of evidence (Docket # 116) is DENIED.
Dated at Milwaukee, Wisconsin, this 28th day of July, 2014.
SO ORDERED,

HON. RUDOLPH T. RANDA
U. S. District Judge

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