Davis v. Harrispeters et al

Filing 29

ORDER signed by Judge J P Stadtmueller on 3/21/2019 DENYING 23 Plaintiff's Motion to Compel. (cc: all counsel, via mail to Bruce Terrell Davis, Jr. at Green Bay Correctional Institution) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
BRUCE TERRELL DAVIS, JR.,

v.

Plaintiff,

Case No. 18-CV-465-JPS-JPS

SUSAN PETERS and JEAN LUTSEY,
Defendants.

ORDER

On February 5, 2019, Plaintiff filed a motion to compel discovery
responses from Defendant Susan Peters (“Peters”). (Docket #23).
Specifically, Plaintiff states that Peters refused to answer certain questions
because she did not have Plaintiff’s medical records. Id. Plaintiff says that
he has now provided the required release authorization for Peters’ counsel
to obtain those records. Id. Peters responded to Plaintiff’s motion on March
1, 2019. (Docket #27). Her counsel states that some, but not all, of the
medical records have been received, and that supplemental discovery
responses have been mailed to Plaintiff. Id. Plaintiff did not file a reply to
his motion within the time allotted. Civ. L. R. 7(c).
Plaintiff’s motion must be denied for two reasons. First, it does not
contain a certification of a good-faith attempt to resolve the dispute prior to
the filing of the motion. See Civ. L. R. 37. Second, Peters’ response appears
to have resolved Plaintiff’s concerns to the best of her current abilities. If
Plaintiff’s concerns remain, he is free to file another motion to compel, but
only after making sincere efforts to avoid the Court’s intervention.

Accordingly,
IT IS ORDERED that Plaintiff’s motion to compel (Docket #23) be
and the same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 21st day of March, 2019.
BY THE COURT:

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

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