Zuege v. Knoch et al

Filing 51

ORDER denying 50 Motion for Reconsideration. Signed by Chief Judge Barbara B. Crabb on 12/28/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN ---------------------------------------------M IC H AE L J. ZUEGE, JR., P la i n t i f f , v. D AN IEL KNOCH, ROBERT LAZORIK an d WISCONSIN PATIENT COMPENSATION FUND, D efendan ts. --------------------------------------------O n December 3, 2009, Magistrate Judge Stephen L. Crocker denied plaintiff's request for a subpoena for the production of his medical records, explaining that he could obtain his m ed ical records by sending a written request to the University of Wisconsin Hospital and C linics. Now before this court is plaintiff's motion to reconsider the magistrate judge's decision pursuant to Fed. R. Civ. P. 72(a). P lain tiff explains that he wrote a letter to the University of Wisconsin Hospital and Clinics, requesting his medical records, learned from the hospital that the Midwest Medical R ecord Association had his records and requested the records from the association, only to discover that he would have to pay for the copies. Plaintiff objects to having to pay for the cop ies and asks the court to subpoena the records instead. Plaintiff seems to think that if the records were to be subpoenaed, he would be given OR DER 09-cv-451-vis

co p ies of them without having to pay for them, but he is wrong.

A party subject to a

subp oen a under Fed. R. Civ. P. 45(a)(1)(D) (D) to produce documents, electronically stored in fo rm atio n , or tangible things is required to permit inspection, copying, testing, or sampling of the materials, but not provide copies of the materials at its own expense. Midwest Medical Record Association has agreed to do all that would be required of it if a subpoena were to issue, which is to provide plaintiff a copy of his medical records w h en he pays for them. Accordingly, I will deny plaintiff's motion for reconsideration and affirm the magistrate judge's decision to deny plaintiff's request for a subpoena.

OR DER IT IS ORDERED that plaintiff Michael J. Zuege. Jr.'s motion for reconsideration, dkt. # 50, is DENIED. E n tered this 28t h day of December, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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