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Savage v. Troutt

United States District Court, W.D. Oklahoma

August 31, 2017

KENT G. SAVAGE, Plaintiff,
v.
JEFFERY TROUTT, et al. Defendants.

          ORDER

          CHARLES B. GOODWIN UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on the pro se Plaintiff's Fourth Motion to Compel discovery responses (Doc. No. 84), Plaintiff's Motion to Stay (Doc. No. 86), Plaintiff's Motion for Sanctions (Doc. No. 89), and Plaintiff's motion requesting leave to file an amended response to Defendant's motion for summary judgment (Doc. No. 93).

         Motion to Compel

         In Plaintiff's Fourth Motion to Compel, Plaintiff asserts that Defendant Troutt has repeatedly failed to provide “adequate” responses to seven Requests for Admission (6-9, 12, 19-20) and twenty-one Interrogatories (1-11, 13-22). See generally Pl.'s Fourth Mot. to Compel at 1, 2-12. Defendant Troutt has filed a response objecting to Plaintiff's motion. Def.'s Obj. (Doc. No. 87) at 1-5. After careful consideration, the Court finds that Plaintiff's motion (Doc. No. 84) should be GRANTED in part and DENIED in part, as specified below.

         Under Rule 26(b)(1) of the Federal Rules of Civil Procedure, parties “may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case.” Fed.R.Civ.P. 26(b)(1) (2016). Plaintiffs sole surviving legal claim challenges Defendant Troutt's alleged failure to properly treat Plaintiffs multiple sclerosis (“MS”), neuropathic pain, and severe constipation while serving as Plaintiffs prison physician at the James Crabtree Correctional Center (“JCCC”). See Order Adopting R. & R (Doc. No. 63) at 5-7 (concluding that these allegations stated an Eighth Amendment deliberate-indifference claim against Defendant Troutt); R. & R. (Doc. No. 59) at 5-8, 15-22.

         A. Discovery Requests Relevant to Plaintiffs Eighth Amendment Claim or Defendant Troutt's Defense (s)

         The Court finds that the following discovery requests are relevant to Plaintiffs Eighth Amendment claim or to Defendant Troutt's defense(s) and are proportional to the needs of this case:

• Requests for Admission 6, 7, and 12; and
• Interrogatories 5, 11, 13, 14, 19, 20, and 22.

Pl.'s Fourth Mot. to Compel at 2, 3-4, 8-9, 10-12. The Court overrules Defendant's generalized objections that certain of these requests are “duplicative, ” “vague, ” or “speculative.” See Pl.'s Fourth Mot. to Compel at 2, 4, 8, 11-12 (citing Requests for Admission 7, 9, 12, and Interrogatories 11, 13, 20, 22); see Fed. R. Civ. P. 33(b)(4), 36(a)(6). Defendant's answers to all ten discovery requests, to the extent he did not object to them, are incomplete or non-responsive. See Fed. R. Civ. P. 37(a)(4).

         The Court also finds that Request for Admission 8, as narrowed by Plaintiff in his motion to compel, is relevant to Plaintiffs Eighth Amendment claim or to Defendant Troutt's defense(s) and is proportional to the needs of this case. Defendant's objection that this “request seeks information not likely to lead to relevant information, ” Def.'s Obj. at 2, is overruled. See Witt v. GC Servs. Ltd. P'ship, 307 F.R.D. 554, 561 (D. Colo. 2014). Accordingly, Defendant shall answer Request for Admission 8, as modified:

• “[Defendant] Troutt did provide gabapentin (Neurontin) to other JCCC inmates while refusing to provide it to Plaintiff.”

Pl.'s Fourth Mot. to Compel at 3; see Fed. R. Civ. P. 36(a)(4). Defendant is not required to provide any identifying or other sensitive information about other individuals in answering this Request for Admission.

         B. Discovery Requests Unrelated to Plaintiffs Eighth Amendment Claim or ...


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