Opinion
Civil Action No. 11-cv-01522-MSK-KMT
10-24-2012
TIMOTHY S. TUTTAMORE, Plaintiff, v. DR. ALLRED, A. OSAGIE, ADX WARDEN DAVIS, M. SMITH, and UNKNOWN UTILIZATION COMMITTEE MEMBERS, All in their official and individual capacities, Defendants.
Magistrate Judge Kathleen M. Tafoya
FTR - Courtroom C-201
Deputy Clerk, Nick Richards
Pro Se (by phone)
J. Benedict Garcia
Ben Brieschke
COURTROOM MINUTES / MINUTE ORDER
MOTION HEARING
Court in session: 1:35 p.m.
Court calls case. Appearances of counsel.
Motion Hearing called regarding Plaintiff's "Verified" Motion to Compel Discovery [Doc. No. 135, filed May 21, 2012] and Plaintiff's "Verified" Motion to Determine Sufficiency and/or Motion to Compel [Doc. No. 136, filed May 21, 2012].
Oral argument by Plaintiff.
Oral argument by Defendant.
It is ORDERED: Plaintiff's "Verified" Motion to Determine Sufficiency and/or Motion
to Compel [136] is GRANTED to the extent the Government is
directed to provide a more complete response to each of Plaintiff's
Requests for Admission. If the Request is denied, the Government
must specify why the Request was denied.
The Government shall submit more complete responses on or
before November 14, 2012.
The Court views a copy of the medical license of Dr. Allred in-camera and determines
that Dr. Allred was licensed without interruption during the relevant time periods.
It is ORDERED: Plaintiff's "Verified" Motion to Compel [135] is GRANTED IN PART
AND DENIED IN PART.
The motion is GRANTED IN PART as to Interrogatory Nos. 12, 13,
14, 15, and 20 and Request for Production of Documents Nos. 8, 9,
and 10. Defendants shall supplement their response with any
health policies, guidelines, and other regulation standards with the
American Correctional Association outlined in Interrogatory Nos.
12, 13, 14, and 15 and Requests for Production of Documents Nos.
8, 9, and 10 from 2009 through May 12, 2012.
Interrogatory No. 20 is revised to read as follows:
"With respect to each of the four named defendants, state whether,
between 2009 and May 12, 2012, any of the four received an
incentive of any kind for reducing the budget of the medical
department at ADX Florence."
The motion is DENIED as to Interrogatory Nos. 4, 5, 6, 7, 16, 17,
18, and 19 and Requests for Production of Documents Nos. 2, 5, 6,
7, 12, and 13. Plaintiff is granted leave to submit two (2) more
interrogatories in place of Interrogatory Nos. 16 and 17.
The motion is GRANTED IN PART AND DENIED IN PART as to
Interrogatory Nos. 1, 2, 3, 8, 9, 10, and 11 and Request for
Production of Documents Nos. 11 and 14. Interrogatory No. 1 is
granted to the extent objections to production of documents in the
custody of the Bureau of Prisons are overruled. Objections to
documents in the custody of an entity other than the Bureau of
Prisons or Bureau of Prisons staff are sustained.
Interrogatory Nos. 2 and 3 will be supplemented by Defendants
stating the positions in question do not require a license.
As to Interrogatory Nos. 8, 9, 10, and 11, Defendants shall
determine if there are further cases that require investigation and
supplement responses if necessary.
As to Request for Production of Documents No. 11, Defendants
shall supplement their response as to the BERM system and how
that system operates.
To the extent Dr. Allred had any communication with Dr. Harrigan,
the request is proper and Defendants shall supplement as
necessary.
The Court notes for the record that Defendants are not required to
create new discovery or run any databases in response to these
Interrogatories and Requests for Production of Documents.
Defendants shall supplement responses on or before November
21, 2012.
Court in Recess: 4:02 p.m.
Hearing concluded. Total In-Court Time 02:27 *To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.