Hale v. Shinn et al, No. 4:2020cv00558 - Document 80 (D. Ariz. 2022)
Court Description: ORDER denying 73 Motion to Compel requests for production numbers 513 and 16-21. IT IS FURTHER ORDERED DENYING AS MOOT Plaintiff's motion to compel requests for production numbers 14 and 15. IT IS FURTHER ORDERED DENYING Plaintiff's motion to compel interrogatories numbers 114. Signed by Judge John C Hinderaker on 10/24/2022. (MCO)
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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Kilian Gregoire Hale, Plaintiff, 10 11 No. CV-20-00558-TUC-JCH ORDER v. 12 A. Ferguson and Alice Warren, 13 Defendants. 14 Before the Court is Plaintiff Kilian G. Hale's pro se "Motion to Compel Discovery 15 16 pursuant to the Fed. R. Civ. P. Rule 37(a)(2)." (Doc. 73.) 17 I. BACKGROUND 18 In 2021, the Court issued a screening order permitting Hale's Eighth Amendment 19 claims against Defendants Warren and Ferguson to proceed and dismissing all other 20 defendants and claims. (Doc. 21.) To state a § 1983 medical claim under the Eighth 21 Amendment, a plaintiff must show (1) a "serious medical need" by demonstrating that 22 failure to treat the condition could result in further significant injury or the unnecessary 23 and wanton infliction of pain and (2) the defendant's response was deliberately indifferent. 24 Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006). 25 26 27 28 The Screening Order set out the following facts regarding the remaining Defendants: On August 26, 2020 [after testing positive for COVID-19], Plaintiff submitted a Health Needs Request (HNR), and was seen for an E.K.G. [Doc. 19 at 6.] Plaintiff was prescribed Tylenol for his headaches, but "never saw 1 the provider, Defendant N.P. Alice Warren." Id. On September 3, 2020, Plaintiff was assigned to a "hard labor" job in the kitchen, which made his symptoms worse. Id. On September 10, 2020, Plaintiff submitted another HNR, and was told that he would be scheduled to see "the provider" (presumably, Defendant Warren). Id. at 7. A nurse told Plaintiff that she would ask Warren to prescribe Excedrin for Plaintiff's headaches in the meantime. Plaintiff never received any Excedrin. Id. 2 3 4 5 6 On September 12, 2020, Plaintiff submitted an informal complaint resolution, and, on October 6, 2020, he submitted a medical grievance to Defendant Ferguson regarding the lack of any visit with Defendant Warren, the failure to receive the Excedrin, and his "increasing serious COVIDrelated health problems." Id. On October 9, 2020, Plaintiff was seen by Warren. (Doc. 19 at 7.3) Plaintiff told her Tylenol did not work, his symptoms were getting worse, and asked to be referred to a virologist. Warren "dismissed Plaintiff's serious medical needs as being allergies." Id. Plaintiff then asked for Excedrin for his headaches, but Warren "suggested that Plaintiff should purchase ibuprofen from the store if the Tylenol did not help." Id. Plaintiff told Warren that he was indigent and unable to purchase ibuprofen, and, in any event, that he was not supposed to take ibuprofen "due to kidney problems." Id. 7 8 9 10 11 12 13 14 15 Plaintiff then "began another round of HNRs," but the only response he received from Ferguson was to "submit an HNR." Id. at 8. After "several months went by without any medical care or treatment," Plaintiff filed several more grievances and HNRs, but was not seen by the provider again or provided any treatment for his symptoms. Id. Plaintiff alleges that the only response to his grievances were from Ferguson directing him to "submit an HNR." 16 17 18 19 20 21 22 23 24 25 26 27 28 (Doc. 21 at 4–5.) II. ANALYSIS a. Motion to Compel Legal Standard Under Fed. R. Civ. P. 37(a)(3)(B)(iv), "A party seeking discovery may move for an order compelling . . . production . . . if . . . a party fails to produce documents." Generally, "[p]arties 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, considering the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the -2- 1 discovery in resolving the issues, and whether the burden or expense of the proposed 2 discovery outweighs its likely benefit. Information within this scope of discovery need not 3 be admissible in evidence to be discoverable." Fed. R. Civ. P. 26(b)(1). Discovery is not 4 permitted on dismissed claims. Oppenheimer Fund, Inc. v. Sanders, 437 U.S. 340, 352 5 (1978) ("[I]t is proper to deny discovery of matter that is relevant only to claims or defenses 6 that have been stricken . . . unless the information sought is otherwise relevant to issues in 7 the case."). 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 b. Requests for Production Nos. 1–15 1. Any and all grievances, complaints or other documents received by A.S.P.C. Tucson/Whetstone staff against defendant Alice Warren and any memoranda, investigative files, or other documents created in response to such complaints, since January 1, 2019. Defendants are unlikely to have access to the information this request seeks because it seeks information received by A.S.P.C. Tucson/Whetstone staff. A.S.P.C. Tucson/Whetstone is more likely to have access to the requested information but is not party to this action. Defendants also object that this request is vague, ambiguous, overly broad, unduly burdensome, irrelevant, disproportionate to the needs of the case, not narrowly tailored, and an impermissible fishing expedition. The Court finds that these documents could be relevant to a claim of deliberate indifference because they might show a pattern of behavior not visible in Hale's complaint history alone. And although aspects of the request are vague, the Court finds the overall focus on documents related to Defendant Warren's misconduct since 2019 is clear. This request is therefore granted to the extent Defendant Warren has or can obtain legal access to any of these documents. 26 2. Any and all grievances, complaints, lawsuits, disciplinary actions, reprimands or other documents received by Centurion Health or its agents against defendant Alice Warren (Nurse Prac[ti]tioner for Centurion Health), and any settlements, [judgment]s, memoranda, investigative files or other documents created in response to such complaints, since January 1, 2018. 27 Defendants are unlikely to have access to the information this request seeks because 28 it seeks information received by Centurion Health. Centurion Health is more likely to have 23 24 25 -3- 1 access to the requested information but is not party to this action. Defendants repeat their 2 objections as to the first request. The Court finds that these documents could be relevant to 3 a claim of deliberate indifference because they might show a pattern of behavior not visible 4 in Hale's complaint history alone or if limited to A.S.P.C. Tucson/Whetstone. And although 5 aspects of the request are vague, the Court finds the overall focus on documents related to 6 Defendant Warren's misconduct since 2018 is clear. This request is therefore granted to 7 the extent Defendant Warren has or can obtain legal access to any of these documents. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Any and all grievances, complaints or other documents received by A.S.P.C. Tucson Complex staff against defendant Alicia Ferguson (Contract Facility Health Administrator for Centurion Health), and any memoranda, investigative files or other documents created in response to such complaints, since January 1, 2019. Defendants are unlikely to have access to the information this request seeks because it seeks information received by A.S.P.C. Tucson Complex staff. A.S.P.C. Tucson Complex is more likely to have access to the requested information but is not party to this action. Defendants repeat their objections as to the first request. The Court finds that these documents could be relevant to a claim of deliberate indifference because they might show a pattern of behavior not visible in Hale's complaint history alone. And although aspects of the request are vague, the Court finds the overall focus on documents related to Defendant Ferguson's misconduct since 2019 is clear. This request is therefore granted to the extent Defendant Ferguson has or can obtain legal access to any of these documents. 4. Any and all grievances, complaints, lawsuits, disciplinary actions, reprimands or other documents received by Centurion Health or its agents against defendant Alicia Ferguson (Contract Facility Health Administrator for Centurion Health), and any settlements, [judgment]s, memoranda, investigative files or other documents created in response to such complaints, since January 1, 2018. Defendants are unlikely to have access to the information this request seeks because it seeks information received by Centurion Health. Centurion Health is more likely to have access to the requested information but is not party to this action. Defendants repeat their objections as to the first request. The Court finds that these documents could be relevant to -4- 1 a claim of deliberate indifference because they might show a pattern of behavior not visible 2 in Hale's complaint history alone or if limited to A.S.P.C. Tucson/Whetstone. And although 3 aspects of the request are vague, the Court finds the overall focus on documents related to 4 Defendant Ferguson's misconduct since 2018 is clear. This request is therefore granted to 5 the extent Defendant Ferguson has or can obtain legal access to any of these documents. 9 5. Any and all communications, electronically stored information (including Emails), reports, advisements, directives, instructions, memoranda, or other documents regarding the COVID-19 virus and the Arizona Department of Corrections (including A.S.P.C. Tucson/Whetstone Unit; within Centurion Health between the staff, officials, employees, or its agents, since January 1, 2020 to January 1, 2021 10 Defendants are unlikely to have access to the information this request seeks because 11 it seeks communications and stored information from the Arizona Department of 12 Corrections. The Arizona Department of Corrections is more likely to have access to the 13 requested information but is not party to this action. This request also seeks information 14 that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to 15 prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of 16 Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 17 Warren's care. For similar reasons, this request is overbroad and not proportionate to the 18 needs of the case because it includes documents that could not support Hale's claims. This 19 request is therefore denied. 6 7 8 20 21 22 23 24 25 26 27 28 6. Any and all communications, electronically stored information (including Emails), reports, advisements, directives, instructions, memoranda, or other documents; between Centurion Health staff, officials, employees, or its agents with the Arizona Department of Corrections regarding the COVID-19 virus, since January 1, 2020 to January 1, 2021. Defendants are unlikely to have access to the information this request seeks because it seeks communications and stored information from the Arizona Department of Corrections and Centurion Health. The Arizona Department of Corrections and Centurion Health are more likely to have access to the requested information but are not parties in this action. This request also seeks information that is irrelevant to Hale's claim of -5- 1 Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose 2 Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate 3 indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this 4 request is overbroad and not proportionate to the needs of the case because it includes 5 documents that could not support Hale's claims. This request is therefore denied. 9 7. Any and all communications, electronically stored information (including Emails), reports, advisements, directives, instructions, memoranda, or other documents; between Centurion Health staff, officials, employees, or its agents with the Arizona State Prison Complex-Tucson (including A.S.P.C. Tucson/Whetstone Unit), regarding the COVID-19 virus, since January 1, 2020 to January 1, 2021. 10 Defendants are unlikely to have access to the information this request seeks because 11 it seeks communications and stored information from Centurion Health and the Arizona 12 State Prison Complex-Tucson (including A.S.P.C. Tucson/Whetstone). Centurion Health 13 and the Arizona State Prison Complex-Tucson are more likely to have access to the 14 requested information but are not parties in this action. This request also seeks information 15 that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to 16 prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of 17 Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 18 Warren's care. For similar reasons, this request is overbroad and not proportionate to the 19 needs of the case because it includes documents that could not support Hale's claims. This 20 request is therefore denied. 6 7 8 21 22 23 24 25 26 27 28 8. Any and all policies, directives, reports, protocols, instructions, memoranda, or other documents regarding communicable diseases (including the COVID-19 virus) and infectious disease controls of Centurion Health/Az. Dept. of Corrections, including the Health Services Technical Manual, the Mandatory Exposure Control Plan, ADOC Policy, Dept. Order #116-Employee Communicable Disease Exposure Control Plan, and the Section 8 Housekeeping within the ADOC Department Order Manual. Defendants are unlikely to have access to the information this request seeks because it seeks various documents from Centurion Health and the Arizona Department of Corrections. Centurion Health and the Arizona Department of Corrections are more likely -6- 1 to have access to the requested information but are not parties. This request also seeks 2 information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference 3 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 4 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 5 Warren's care. For similar reasons, this request is overbroad and not proportionate to the 6 needs of the case because it includes documents that could not support Hale's claims. This 7 request is therefore denied. 12 9. Any and all reports filed by defendant Alicia Ferguson (CHFA) or designee of for Centurion Health in accordance with ADOC Department Order #1102, 1.0- Communicable Disease Reporting Requirement, filed with the Arizona Department of Health and Safety (ADHS) or local county Health Department (including the summary listed in Dept. Order #1102, 1.3.4; and "all" monthly report filings), as was required since January 1, 2020 to January 1, 2021. 13 This request seeks information that is irrelevant to Hale's claim of Defendant 14 Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's 15 COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference 16 to Hale's complaints about Defendant Warren's care. For similar reasons, this request is 17 overbroad and not proportionate to the needs of the case because it includes documents that 18 could not support Hale's claims. This request is therefore denied. 8 9 10 11 19 20 21 22 23 24 25 26 27 28 10. Any and all communications, electronically stored data (including Emails), reports, advisements, new policies regarding the COVID-19 virus, directives, instructions, memoranda, or other documents: between defendant Alicia Ferguson (CHFA for Centurion Health) and those individuals, ADOC staff and officials and agencies listed with the ADOC policy Dept. Order #1102, 3.2 to #1102, 3.3., since January 1, 2020 to January 1, 2021. This request seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this request is overbroad and not proportionate to the needs of the case because it includes documents that could not support Hale's claims. This request is therefore denied. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Any and all communications, electronically stored information (including Emails), reports, advisements, new policies regarding the COVID-19 virus, directives, instructions, memoranda, or other documents; between the defendant Alicia Ferguson (CFHA for Centurion Health), and Centurion Health staff, officials or its agents regarding the COVID-19 virus, since January 1, 2020 to January 1, 2021. This request seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this request is overbroad and not proportionate to the needs of the case because it includes documents that could not support Hale's claims. This request is therefore denied. 12. Any and all communications, electronically stored information (including Emails), reports, advisements, directives, instructions, memoranda, or other documents; between the defendant Alice Warren (Nurse Prac[ti]tioner /Provider for Centurion Health), and Centurion Health staff, officials or its agents regarding the COVID-19 virus, since January 1, 2020 to January 1, 2021. This request seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this request is overbroad and not proportionate to the needs of the case because it includes documents that could not support Hale's claims. This request is therefore denied. 13. Any and all communications, electronically stored information (including Emails), reports, advisements, directives, instructions, memoranda, or other documents; between the defendant Alice Warren (Nurse Prac[ti]tioner/Provider for Centurion Health), and all Arizona Department of Corrections staff, officials, employees and its agents regarding the COVID-19 virus, since January 1, 2020 to January 1, 2021. This request seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this request is -8- 1 overbroad and not proportionate to the needs of the case because it includes documents that 2 could not support Hale's claims. This request is therefore denied. 3 4 5 6 7 8 9 10 14. The plaintiff's complete medical records from June 1, 2020 to date of your response. Defendants state that they will supplement their discovery responses and provide Plaintiff with a paper copy of his medical records from June 1, 2020, to September 30, 2020. Defendants explain that Plaintiff's motion to compel raised for the first time that he was unable to obtain his records through the ordinary procedure. This request is therefore denied as moot. If Defendants have not already provided Plaintiff with his medical records Defendants will do so by November 4, 2022. 14 15. Any and all communications, electronically stored information (including Emails), and instructions, reports or other documents created by Centurion Health staff, officials, employees or its agents, concerning the plaintiffs medical care (not included in item #14 of this request) and in response to his medical grievances, since June 1, 2020 to date of your response 15 Defendants state that they will supplement their discovery responses and provide 16 Plaintiff with a paper copy of his informal complaints and/or grievances and the responses 17 prepared by Defendants to those complaints and/or grievances from June 1, 2020, to 18 September 30, 2020. Defendants explain that Plaintiff's motion to compel raised for the 19 first time that he was unable to obtain his records through the ordinary procedure. This 20 request is therefore denied as moot. If Defendants have not already provided Plaintiff with 21 these materials Defendants will do so by November 4, 2022. 22 c. Requests for Production Nos. 16–21 11 12 13 23 The Court's Scheduling Order permits each party up to 15 requests for production. 24 (Doc. 32 at 2 ("Discovery requests are . . . subject to the following limitations on each 25 party: . . . No more than 15 requests for production of documents.").) Hale has not sought 26 leave from the Court to permit additional discovery. Defendants assert that good cause has 27 not been shown for this additional discovery, and that permitting it would allow Hale to 28 continue to seek documents irrelevant to his claims against the Defendants. (Doc. 76 at 7.) -9- 1 Hale states he believed he was permitted to make 15 requests of each party, not that each 2 party was limited to 15 requests. (See Doc. 73 at 24.) 3 4 However, even if the Court granted Hale's implicit request to permit additional discovery beyond 15 requests, each request is deficient. 9 16. Any and all communications, electronically stored information (including Emails), logs, lists, reports, ADOC employee records, records regarding COVID-19 virus test results for ADOC (now ADCRR) employees and civilian staff, Trinity Staff, Keefe Staff, and all Whetstone inmates) or other documents that show and confirm the "dates and number of COVID-19 virus positive cases" at Whetstone Unit, and Keefe Warehouse, since January 1, 2020 to January 1, 2021. 10 Defendants are unlikely to have access to the information this request seeks because 11 it seeks information received by the Arizona Department of Corrections. The Arizona 12 Department of Corrections is more likely to have access to the requested information but 13 is not party to this action. This request also seeks information that is irrelevant to Hale's 14 claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or 15 diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's 16 deliberate indifference to Hale's complaints about Defendant Warren's care. For similar 17 reasons, this request is overbroad and not proportionate to the needs of the case because it 18 includes documents that could not support Hale's claims. This request is therefore denied. 19 17. Any and policies, directives or instructions to Centurion Health Staff regarding medical care and treatment, and those procedures. 5 6 7 8 20 21 22 23 24 25 26 27 28 Defendants are unlikely to have access to the information this request seeks because it seeks information sent to all Centurion Health staff, not just to the Defendants. Centurion Health is more likely to have access to the requested information but is not party to this action. For similar reasons, this request is overbroad and not proportionate to the needs of the case because it includes documents that could not support Hale's claims. This request is therefore denied. 18. Any and all grievances (both medical and non-medical), complaints, Inmate Letters, Inmate Informal Resolutions, lawsuits or other documents filed by Whetstone inmates in regards to the COVID-19 virus; and any settlements, [judgment]s, memorand[a], communications, electronically - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 stored information (including Emails), investigative files, responses, or other documents created in response to such complaints, since January 1, 2020 to January 1, 2021. Defendants are unlikely to have access to the information this request seeks because it seeks information related to all inmates at Arizona State Prison Complex-Whetstone Unit. The Arizona State Prison Complex-Whetstone Unit or the Arizona Department of Corrections are more likely to have access to the requested information but are not parties in this action. This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this request is overbroad and not proportionate to the needs of the case because it includes documents that could not support Hale's claims. This request is therefore denied. 18 19. Any and all communications, electronically stored information (including Emails), reports Inmate Health Needs Request Forms (HNR's), nurses reports, provider reports, logs, lists, inmate medical records or other documents showing the "dates and number of Whetstone inmates" that reported "any" flu-like symptoms, cold-like symptoms, breathing problems, head-aches, fever, chills, chest pains, coughing, loss of taste, loss of smell, aches and pains, and any other COVID-like or related symptoms, since March 1, 2020 to August 1, 2020. 19 Defendants are unlikely to have access to the information this request seeks because 20 it seeks information related to all inmates at Arizona State Prison Complex-Whetstone 21 Unit. The Arizona State Prison Complex-Whetstone Unit, Arizona Department of 22 Corrections, or Centurion Health are more likely to have access to the requested 23 information but are not parties in this action. This request also seeks information that is 24 irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to 25 prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of 26 Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 27 Warren's care. For similar reasons, this request is overbroad and not proportionate to the 28 needs of the case because it includes documents that could not support Hale's claims. This 14 15 16 17 - 11 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 request is therefore denied. 20. Any and all guidelines, directive, instructions, memoranda, communications, reports, mandates, policies, or other documents within Centurion Health regarding any and all recommendations by the Centers For Disease Control (C.D.C.) regarding communicable diseases (including the COVID-19 virus) and infectious disease controls. Defendants are unlikely to have access to the information this request seeks because it seeks documents from Centurion Health. Centurion Health is more likely to have access to the requested information but is not party to this action. This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this request is overbroad and not proportionate to the needs of the case because it includes documents that could not support Hale's claims. This request is therefore denied. 17 21. Any and all guidelines, directives, instructions, memoranda, communications, reports, mandates, policies, or other documents within Centurion Health regarding any and all recommendations by the Arizona Department of Health and Safety (A.D.H.S.) regarding communicable diseases (including the COVID-19 virus) and infectious disease controls. 18 Defendants are unlikely to have access to the information this request seeks because 19 it seeks documents from Centurion Health. Centurion Health is more likely to have access 20 to the requested information but is not party to this action. This request also seeks 21 information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference 22 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 23 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 24 Warren's care. For similar reasons, this request is overbroad and not proportionate to the 25 needs of the case because it includes documents that could not support Hale's claims. This 26 request is therefore denied. 15 16 27 28 d. Interrogatories Hale also served on Defendants several "Interrogatories and Request for the - 12 - 1 Production of Documents." (See Doc. 76-1 at 13–20.) The Court's Scheduling Order 2 permits each party up to 15 requests for production and 25 interrogatories. (Doc. 32 at 2.) 3 Hale has not sought leave from the Court to permit additional discovery. Defendants 4 interpreted Hale's "Interrogatories and Request for the Production of Documents" as 5 interrogatories because Hale had already exhausted his requests for production. (Doc. 76 6 at 7.) The Court will also interpret these requests as interrogatories. 1. State the duties of defendant Alice Warren (Nurse Prac[ti]tioner of Centurion Health) at A.S.P.C. Tucson/Whetstone Unit. If those duties are set forth in any job description or other document, produce those document(s). 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Defendants’ response to the interrogatory states that Defendant Warren is a nurse practitioner, responsible for the clinical assessment, diagnosis, and treatment of inmates, consistent with her licensure and Centurion's contract with the Arizona Department of Corrections. (Doc. 76-1 at 14.) The Court finds that this statement sufficiently answers Hale's interrogatory, and therefore his motion to compel an answer is denied. 2. State the duties and responsibilities of defendant Alice Warren (Nurse Prac[ti]tioner of Centurion Health) at A.S.P.C. Tucson/Wh[e]tstone Unit, insofar as they pertain to communicable diseases (including the COVID19 virus), and responsibilities regarding infectious disease controls. If those duties and responsibilities are set forth in any job description or document, produce those documents. Defendants’ response to the interrogatory states that Defendant Warren is a nurse practitioner, responsible for the clinical assessment, diagnosis, and treatment of inmates, consistent with her licensure and Centurion's contract with the Arizona Department of Corrections. (Doc. 76-1 at 14.) The Court finds that this statement sufficiently answers 25 Hale's interrogatory, and therefore his motion to compel an answer is denied. 3. State the duties of defendant Alicia Ferguson (Contract Facility Health Administrator for Centurion Health) at A.S.P.C. Tucson/Whetstone Unit. If those duties are set forth in any job description or document, produce those document(s). 26 Defendants’ response to the interrogatory states that Defendant Ferguson was a 27 Facility Health Administrator responsible for responding to and coordinating with medical 28 staff to address formal medical grievances and to assist with the administrative aspects of 23 24 - 13 - 1 the delivery of healthcare at the prison. (Doc. 76-1 at 15.) The Court finds that this 2 statement sufficiently answers Hale's interrogatory, and therefore his motion to compel an 3 7 answer is denied. 4. State the duties and responsibilities of defendant Alicia Ferguson (Contract Facility Health Administrator for Centurion Health) at A.S.P.C. Tucson/Whetstone Unit, insofar as they pertain to communicable diseases (including the COVID-19 virus), and responsibilities regarding infectious disease controls. If those duties and responsibilities are set forth in any job description or document, produce those document(s). 8 Defendants’ response to the interrogatory states that Defendant Ferguson was a 9 Facility Health Administrator responsible for responding to and coordinating with medical 10 staff to address formal medical grievances and to assist with the administrative aspects of 11 the delivery of healthcare at the prison. (Doc. 76-1 at 15.) The Court finds that this 12 statement sufficiently answers Hale's interrogatory, and therefore his motion to compel an 13 17 answer is denied. 5. State the names, titles and duties of all Centurion Health staff and officials, other than the defendants Warren and Ferguson, who have duties and responsibilities regarding communicable diseases (including the COVID-19 virus), and responsibilities regarding infectious disease controls. If those duties and responsibilities are set forth in any job description or other document, produce those document(s). 18 Defendants are unlikely to have access to the information this request seeks because 19 it seeks information from Centurion Health. Centurion Health is more likely to have access 20 to the requested information but is not party to this action. This request also seeks 21 information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference 22 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 23 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 24 Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to 25 the needs of the case because it includes information that could not support Hale's claims. 26 This request is therefore denied. 4 5 6 14 15 16 27 28 6. State the names, titles and duties of all staff members and officials at A.S.P.C. Tucson/Whetstone Unit, other than defendants Warren and Ferguson, who have duties and responsibilities regarding communicable - 14 - 1 3 diseases (including the COVID-19 virus) and responsibilities regarding infectious disease controls. If those duties and responsibilities are set forth in any job description or other document, produce those document(s). 4 Defendants are unlikely to have access to the information this request seeks because 5 it seeks information from A.S.P.C. Tucson/Whetstone Unit. A.S.P.C. Tucson/Whetstone 6 Unit is more likely to have access to the requested information but is not party to this action. 7 This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's 8 deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 9 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's 10 complaints about Defendant Warren's care. For similar reasons, this interrogatory is 11 overbroad and not proportionate to the needs of the case because it includes information 12 that could not support Hale's claims. This request is therefore denied. 2 17 7. State the names, titles and duties of those who have responsibility, other than the defendants Warren and Ferguson, regarding communicable diseases (including the COVID-19 virus) and infectious disease controls, insofar as to the transportation of inmates, housing of inmates, the quarantining of inmates, and quarantine lockdown of A.S.P.C. Tucson/Whetstone Unit. If those duties and responsibilities are set forth in any job description or other document, produce those document(s). 18 Defendants are unlikely to have access to the information this request seeks because 19 it seeks information from A.S.P.C. Tucson/Whetstone Unit. A.S.P.C. Tucson/Whetstone 20 Unit is more likely to have access to the requested information but is not party to this action. 21 This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's 22 deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 23 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's 24 complaints about Defendant Warren's care. For similar reasons, this interrogatory is 25 overbroad and not proportionate to the needs of the case because it includes information 26 that could not support Hale's claims. This request is therefore denied. 13 14 15 16 27 28 8. State the names, titles and duties of all Centurion Health staff and officials who have responsibility for ensuring that inmates' request for medical attention are responded to. If those duties are set forth in any job - 15 - 1 description or other document, produce those document(s). 2 Defendants are unlikely to have access to the information this request seeks because 3 it seeks information from Centurion Health. Centurion Health is more likely to have access 4 to the requested information but is not party to this action. This request also seeks 5 information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference 6 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 7 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 8 Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to 9 the needs of the case because it includes information that could not support Hale's claims. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 This request is therefore denied. 9. State the names, titles and duties of all staff and officials at A.S.P.C. Tucson/Whetstone Unit, other than the defendants Warren and Ferguson, who have responsibility for ensuring that that inmates' request for medical attention are responded to. If those duties are set forth in any job description or other document, produce those document(s). Defendants are unlikely to have access to the information this request seeks because it seeks information from A.S.P.C. Tucson/Whetstone Unit. A.S.P.C. Tucson/Whetstone Unit is more likely to have access to the requested information but is not party to this action. This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to the needs of the case because it includes information that could not support Hale's claims. This request is therefore denied. 26 10. State the names, titles and duties of all staff members at A.S.P.C. Tucson/Whetstone Unit who have responsibility for responding to, investigating or deciding inmate medical grievances. If those duties are set forth in any job description or other document, produce those documents. 27 Defendants are unlikely to have access to the information this request seeks because 28 it seeks information from A.S.P.C. Tucson/Whetstone Unit. A.S.P.C. Tucson/Whetstone 24 25 - 16 - 1 Unit is more likely to have access to the requested information but is not party to this action. 2 This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's 3 deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 4 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's 5 complaints about Defendant Warren's care. For similar reasons, this interrogatory is 6 overbroad and not proportionate to the needs of the case because it includes information 7 that could not support Hale's claims. This request is therefore denied. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. State the names, titles and duties of all Centurion Health staff and officials, who have responsibility for writing the policies, directives and instructions regarding communicable diseases (including the COVID-19 virus), and infectious disease controls. If those duties are set forth in any job description or other document, produce those documents. Defendants are unlikely to have access to the information this request seeks because it seeks information from Centurion Health. Centurion Health is more likely to have access to the requested information but is not party to this action. This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to the needs of the case because it includes information that could not support Hale's claims. This request is therefore denied. 12. State the names, titles and duties, other than Centurion Health staff and officials who have responsibility for writing the policies, directives and instructions regarding communicable diseases (including the COVID-19 virus), and infectious disease controls in the Arizona Department of Corrections. If those duties are set forth in any job description or other document, produce those document(s). Defendants are unlikely to have access to the information this request seeks because it seeks information from Centurion Health. Centurion Health is more likely to have access to the requested information but is not party to this action. This request also seeks information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference - 17 - 1 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 2 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 3 Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to 4 the needs of the case because it includes information that could not support Hale's claims. 5 9 This request is therefore denied. 13. State the names, titles and duties of all Centurion Health staff and officials, who have responsibility for ensuring, implementing and enforcing the policies, directives, and the instructions regarding communicable diseases (including the COVID-19 virus), and infectious disease controls. If those duties are set forth in any job description or other document, produce those document(s). 10 Defendants are unlikely to have access to the information this request seeks because 11 it seeks information from Centurion Health. Centurion Health is more likely to have access 12 to the requested information but is not party to this action. This request also seeks 13 information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference 14 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 15 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 16 Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to 17 the needs of the case because it includes information that could not support Hale's claims. 18 22 This request is therefore denied. 14. State the names, titles and duties, other than Centurion Health staff and officials who have responsibility for ensuring, implementing and enforcing the policies, directives, and the instructions regarding communicable diseases (including the COVID-19 virus), and infectious disease controls. If those duties are set forth in any job description or other document, produce those document(s). 23 Defendants are unlikely to have access to the information this request seeks because 24 it seeks information from Centurion Health. Centurion Health is more likely to have access 25 to the requested information but is not party to this action. This request also seeks 26 information that is irrelevant to Hale's claim of Defendant Warren's deliberate indifference 27 in failing to prescribe Excedrin or diagnose Hale's COVID-19 symptoms, or to Hale's claim 28 of Defendant Ferguson's deliberate indifference to Hale's complaints about Defendant 6 7 8 19 20 21 - 18 - 1 Warren's care. For similar reasons, this interrogatory is overbroad and not proportionate to 2 the needs of the case because it includes information that could not support Hale's claims. 3 This request is therefore denied. 4 For these reasons, 5 IT IS ORDERED GRANTING IN PART Plaintiff's motion to compel requests 6 7 8 9 10 11 12 13 for production numbers 1– 4. IT IS FURTHER ORDERED DENYING Plaintiff's motion to compel requests for production numbers 5–13 and 16–21. IT IS FURTHER ORDERED DENYING AS MOOT Plaintiff's motion to compel requests for production numbers 14 and 15. IT IS FURTHER ORDERED DENYING Plaintiff's motion to compel interrogatories numbers 1–14. Dated this 24th day of October, 2022. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 19 -
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