Lampley v. Latour et al

Filing 30

ORDER signed by Judge Pamela Pepper on 12/4/2018 DENYING 29 Plaintiff's Motion for Order for Discovery Documents. (cc: all counsel, via mail to Steven Lampley at Green Bay Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
STEVEN LAMPLEY,
Plaintiff,
v.

Case No. 17-cv-1132-pp

BRADY LATOUR, KATHY LEMENS,
and JOCELYN JOHNSON,
Defendants.
______________________________________________________________________________
ORDER DENYING PLAINTIFF’S MOTION FOR ORDER FOR DISCOVERY
DOCUMENTS (DKT. NO. 29)
______________________________________________________________________________
The plaintiff is a Wisconsin state prisoner representing himself. He filed a
complaint, alleging that the defendants acted with deliberate indifference to the
risk that he would attempt suicide, in violation of the Eighth Amendment to the
United States Constitution. See Dkt. No. 1 at 2-5. The court allowed the
plaintiff to proceed on that claim against defendants Latour, Lemens and
Johnson. Dkt. No. 17. The defendants filed an answer to the complaint, dkt.
no. 21, and on June 12, 2018, the court issued a scheduling order setting
deadlines for the completion of discovery and filing dispositive motions, dkt. no.
23. On August 21, 2018, the court granted the plaintiff’s motion for an
extension of the scheduling order deadlines. Dkt. No. 28.

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The court has received a letter from the plaintiff, asking the court to
issue an order to Green Bay Correctional Institution Records Office staff
member Ms. Jodie Perttu “to turn over all documents & info, that I request for
my discovery[.]” Dkt. No. 29 at 2. The plaintiff attached to his motion an
Interview/Information Request; it shows that he asked Ms. Perttu how to file a
“public records request,” and she told him he “just need[ed] to write down what
you are requesting.” Dkt. No. 29-1 at 1. The plaintiff states that he did “all that
she required I do” which included writing “to her asking for specific documents,
and for all information, and I gave specific dates as well[.]” Dkt. No. 29 at 2.
According to the plaintiff, Ms. Perttu denied his request and now he seeks relief
from the court. Id.
The court advises the plaintiff that the way to obtain information from
the defendants is to serve discovery requests on the defendants through their
lawyer. Rules 26 through 37 of the Federal Rules of Civil Procedure describe
the various ways in which a party can seek discovery. For example, the plaintiff
can ask the defendants, again, through their lawyer, to answer certain
questions (called “interrogatories”). The plaintiff can ask the defendants’ lawyer
to provide him with certain documents (“requests for production of
documents”). The plaintiff should send his discovery requests directly to the
defendants’ lawyer.
The court becomes involved in the discovery process only if a party to the
case fails to respond to interrogatories or requests for production of
documents. If that happens, the person who is asking for the discovery may file
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a motion asking the court to compel the other side to produce the discovery. A
person cannot file a motion to compel, however, until he first has conferred or
attempted to confer with the party failing to make disclosure or discovery. Any
person who files a motion to compel needs to describe in the motion the efforts
he took to work things out with the other side. See Fed. R. Civ. P 37(a); Civil
L.R. 37 (E.D. Wis.).
Ms. Perttu is not a party to this case. She is not the person who is
required to provide the plaintiff with information about the case. The
defendants are the ones who are required to provide the plaintiff with
information about the case. The court will deny the plaintiff’s request that the
court order Ms. Perttu to provide him with documents.
The court DENIES the plaintiff’s motion for order for discovery
documents. Dkt. No. 29.
Dated in Milwaukee, Wisconsin this 4th day of December, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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