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Reberger v. Koehn

United States District Court, D. Nevada

January 24, 2018

LANCE REBERGER, Plaintiff,
v.
ESP GENERAL PRACTITIONER MICHAEL KOEHN, et al., Defendants.

          ORDER

         On September 27, 2017, this court held a hearing to consider numerous motions of plaintiff, Lance Reberger (“plaintiff') (ECF No. 146). The court ordered plaintiff and defendants' counsel to meet and confer regarding the plaintiff's motions to compel (ECF Nos. 101, 107, & 116), and ordered that they also discuss medical records and other documents plaintiff asked to review (ECF No. 146). The court also stayed discovery to allow the parties to conduct their meet-and-confers regarding these outstanding discovery disputes and to file joint or separate case management reports concerning the outcome of those efforts. (Id.) Upon receipt of the case management report(s), the court indicated it would set a hearing or issue a written order. Defendants filed their case management report (ECF Nos. 152 & 168), plaintiff filed his objection (ECF No. 155), and defendants replied (ECF No. 162). In their reports, the parties refer to ten letters they exchanged between April and August 2017, as well as three sets of interrogatories that plaintiff propounded to defendants Aranas, Koehn, and Stark. The court notes that defendants itemized the issues raised in each letter and reported their understanding of the parties' agreements or disagreements. However, upon review of plaintiff's objection, it appears that the parties differ greatly about the result of their meet-and-confer efforts; therefore the court will address each issue raised in turn.

         I. Plaintiff's Letters Regarding Discovery

         A. Letter to Defendants' Counsel Dated April 16, 2017 (ECF No. 168-1, Ex. A):

1. Attorney Case Files:
The attorney-client privilege and work product doctrine prohibit plaintiff from reviewing the Attorney General's Office legal files in this action. This request is denied.
2. Detailed Information About All Ely State Prison (ESP) Medical Personnel:
Defendants are directed to provide plaintiff with the first and last names of all medical personnel at ESP who treated plaintiffs during the operative time frame of the complaint. For each individual, defendants shall provide the individual's title, job duties and hours of employment.
3. Detailed Information of all High Desert State Prison (“HDSP”) Medical Personnel:
Defendants shall provide the same information outlined in Item 2 above as it pertains HDSP medical personnel.
4. Administrative Regulations (“ARs”) and Operational Procedures (“OPs) for Medication at ESP and HSDP:
Defendants shall provide plaintiff with the applicable ARs and OPs for medication for ESP and HDSP for the operative times frames in the complaint.
5. Titles and Authors of Medical Drug Books at ESP, HDSP, and at NDOC Medical in Medical Administration Building 17:
This request is denied as grossly over broad and burdensome.
6. Information Regarding the Number and Location of All Computers at ESP and NDOC Building 17, including details about Internet access:
This request is denied as grossly over broad and burdensome.
7. All Electronically Stored Information (“ESI”) Concerning HIV Specialists, HIV Drug Manufacturers Provided to NDOC, ESP and HDSP:
This request is denied as grossly over broad and burdensome.
8. All Written Communications Among Medical Experts, HIV Specialists, HIV Drug Manufacturers, NDOC, ESP and HDSP Medical Staff, and Defendants' Counsel:

         This request is denied as grossly over broad and burdensome.

         B. Letter to Defendants' Counsel Dated May 9, 2017 (ECF No. 168-1, Ex A):

1. All ESI at ESP and HDSP regarding Norvir, Invirase, Tricor, Aspirin, Multi-Vitamin (sic), Folic Acid and Calcium:
Defendants shall provide plaintiff with the name of manufacturers who provide NDOC with Norvir, Invirase and Tricor. Defendants will also provide plaintiff with NDOC's and ESP's ARs and OPs outlining where medications may be ordered from and who may order the medications, as long as disclosure of the regulations and procedures are not deemed a security risk.
2. All ESI About the Above-Described Medications Between ESP, HDSP, NDOC, and Any Outside Vendor:
This request is denied as grossly over broad and burdensome.
3. Personnel Information about ESP and HDSP Medical Personnel between 2014 through 2017:
Defendants shall provide plaintiff with the first and last names of all medical personnel at ESP who treated plaintiff during the operative time frame of the complaint. For each individual, defendants will provide the individual's title, job duties, and hours of employment.
4. Current Personal and Work Address of Amy Godenis, RN:
This request is denied, as such information is not provided to inmates due to security concerns.
5. All ESI and Other Information about the Pharmacy in Reno, Nevada that Provides Plaintiff's HIV Medications:
Defendants shall provide plaintiff with the address of the Reno, Nevada pharmacy from which ESP receives his HIV medications. If those medications are covered by state or federal funding, specifically the ...

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