Muehl v. Thurmer et al

Filing 53

ORDER denying 49 Plaintiff's Motion to Compel Defendants to respond to his third request for production of documents. Signed by Chief Judge Barbara B. Crabb on 8/13/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------MICHAEL MUEHL, P la i n t i f f , v. BEL IND A SCHRUBBE, Health Service Manager; M AR Y SLINGER, Registered Nurse; FR AN JENNINGS, Registered Nurse; G AIL WALTZ, Registered Nurse; C H A R L E N E REITZ, Registered Nurse; and D efendan ts. --------------------------------------------In this case, plaintiff Michael Muehl is proceeding on his claims that defendants S ch r u b b e , Slinger, Reitz and Jennings failed to provide him appropriate care for a MRSA infection and that defendants Reitz, Waltz and Schrubbe failed to provide him appropriate c a r e for his wounds after he cut himself. Now plaintiff has filed a motion to compel defendan ts to respond to his third request for production of documents. In that request, plaintiff asks for a copy of the pass he was issued from the health services unit for daily showers and daily dressing changes from October 23 though October 30 , 2007. Defendants responded that they found no documents responsive to this request. 1 OR DER 0 9 - cv -1 6 - b b c

In his response to the motion to compel, defendants' counsel has submitted an affidavit stating that staff assured her again that they could not find any such document in plaintiff's records. If the document does not exist, defendants cannot produce it. Therefore, plaintiff's m otion to compel will be denied.

OR DER IT IS ORDERED that plaintiff's motion to compel defendants to respond to his third request for production of documents, dkt. #49, is DENIED. E n tered this 13 t h day of August, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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