Zuege v. Knoch et al

Filing 46

ORDER denying 40 Motion to Compel. Signed by Magistrate Judge Stephen L. Crocker on 11/19/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN

MICHAEL J. ZUEGE, JR., Plaintiff, v. 09-cv-451-slc DANIEL KNOCH, ROBERT LAZORIK and WISCONSIN PATIENTS COMPENSATION FUND, Defendants. ORDER

Plaintiff is proceeding on his Eighth Amendment and state law negligence claims against defendants Daniel Knoch and Robert Lazorik, and on his state negligence claims against defendant Wisconsin Patient Compensation Fund. The University of Wisconsin Hospital and C linics was dismissed from this case on November 9, 2009. Now before the court is p lain tiff's motion to compel defendants Knoch and Lazorik to produce his University of W isconsin Hospitals and Clinics medical file and all notice of claims filed by prisoners in the W iscon sin Prison system concerning treatment they received at the University of Wisconsin H osp itals and Clinics for the past three years. Defendants Knoch and Lazorik respond that they cannot produce plaintiff's U n iversity of Wisconsin Hospital and Clinics medical records because they are not custodians of the records. Because these are plaintiff's own medical records he should be ab le to obtain them from the University of Wisconsin Hospitals and Clinics by requesting th em , even though the hospital is no longer a defendant in this action.

A lso , defendants Knoch and Lazorik respond that they do not possess notice of claims filed with the Attorney General's office by prisoners in the Wisconsin prison system co n cern in g treatment they received at the University of Wisconsin Hospitals and Clinics for th e last three years. Therefore, they cannot produce them. In addition, this evidence is not relevan t to plaintiff's claim concerning the treatment he received and whether it deviated f r o m the standard of care. docum ents will be denied. Plaintiff's motion to compel defendants to produce these

OR DER IT IS ORDERED that plaintiff's motion to compel, dkt. #40, is DENIED.

E n tered this 19t h day of November, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge

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