Adell v. Hepp et al

Filing 31

ORDER signed by Judge J.P. Stadtmueller on 10/12/2017 GRANTING 26 Defendants' Motion to Compel. Defendants to mail Plaintiff a medical records release authorization form, which Plaintiff shall sign and return to Defendants within 5 days of receipt. (cc: all counsel, via mail to Mark Anthony Adell at Wisconsin Secure Program Facility) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
MARK ANTHONY ADELL,

v.

Plaintiff,

Case No. 17-CV-267-JPS

RANDALL HEPP, CHRIS KRUEGER,
JOHN MAGGIONCALDA, LT. JOHN
CONGDON, MARK SCHOMISCH,
WISCONSIN DEPARTMENT OF
CORRECTIONS, and JON LITSCHER,

ORDER

Defendants.
On October 3, 2017, Defendants filed a motion to compel Plaintiff to
produce a signed authorization for the release of his medical records.
(Docket #26). Those records are undoubtedly relevant here, as Plaintiff’s
claims arise entirely from his medical conditions, including ulcerative
colitis as a complication of Crohn’s disease. See (Docket #11 at 2–3); Fed. R.
Civ. P. 26(b)(1). Defendants claim that they have requested a signed medical
authorization from Plaintiff but have received no response.
Plaintiff counters that Defendants’ only request for an authorization
either occurred before the start of the discovery period in this case or was
not posed as a proper discovery request under the Federal Rules of Civil
Procedure. (Docket #29). Defendants reply that whatever the infirmities in
their earlier requests, it is plain that Plaintiff should be made to execute a
medical authorization. (Docket #30).
The Court agrees with Defendants here. Plaintiff does not contest the
relevance of his medical records to this case, and although the discovery

period has elapsed, providing a medical release at this time could hardly be
described as burdensome. Packman v. Chicago Tribune Co., 267 F.3d 628, 646–
47 (7th Cir. 2001) (district courts have broad discretion in resolving matters
relating to discovery). There is no reason, other than gamesmanship, for
Plaintiff to continue to avoid signing a medical authorization. Defendants
shall mail Plaintiff a medical records release authorization form forthwith,
and Plaintiff shall sign and return it to Defendants within five (5) days of
receiving it.
Accordingly,
IT IS ORDERED that Defendants’ motion to compel (Docket #26) be
and the same is hereby GRANTED; and
IT IS FURTHER ORDERED that Defendants shall mail Plaintiff a
medical records release authorization form forthwith, and Plaintiff shall
sign and return it to Defendants within five (5) days of receiving it.
Dated at Milwaukee, Wisconsin, this 12th day of October, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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