Free Motion to Compel - District Court of Colorado - Colorado

Case 1:03-cv-02319-WDM-MJW

Document 179

Filed 11/22/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ DEFENDANTS' MOTION TO COMPEL NOTARIZED RELEASES FROM PLAINTIFF ______________________________________________________________________________ COME NOW the Defendants, CMI, Kim Dempewolf, Marye Deming and Jason Coolidge, by and through counsel, and hereby submit the following Motion to Compel Notarized Releases from Plaintiff, as follows: 1. Plaintiff alleges in his Complaint that he had an adverse reaction to Antabuse

treatment he received while he was a resident at Centennial Community Correction Center ("CCTC"). Antabuse is routinely prescribed to residents at the facility in order to deter the use of alcohol. In order to properly defend this matter, it is necessary that Defendants acquire Plaintiff's medical information in order to have this case timely reviewed by an expert.

Case 1:03-cv-02319-WDM-MJW

Document 179

Filed 11/22/2005

Page 2 of 3

2.

On August 3, 2005, Defendants propounded written discovery to Plaintiff pursuant

to F.R.C.P. 33, 34, and 36 (attached hereto as Exhibit A). The discovery requests included a request for production of signed releases in order that Defendants may obtain the medical files of Plaintiff. Based on Plaintiff's interrogatory responses (Exhibit B), it is believed Plaintiff has medical files maintained at the Arkansas Valley Correctional Facility and at the Arapahoe County Detention Facility. Plaintiff provided signed releases for Martel Medical (where Mr. Wallin was cleared for Antabuse treatment) and for Arapahoe County Detention Facility. Plaintiff has yet to provide a signed release for the Arkansas Valley Correctional Facility, despite the undersigned's second request for Plaintiff to do so. See Exhibit C. 3. The undersigned has learned that the records custodian at the Arapahoe County

Detention Facility will not accept the release signed by Plaintiff because it was not notarized. On November 9, 2005, the undersigned sent a letter to Plaintiff requesting that he provide a notarized release. See Exhibit D. To date, the undersigned has not received a notarized release from Plaintiff. 4. Pursuant to F.R.C.P. 37, Defendants respectfully request that the Court compel

Plaintiff to provide notarized releases for Arkansas Valley Correctional Facility and the Arapahoe County Detention Facility. Defendants are attaching with this motion additional releases in case Plaintiff has lost the releases previously sent to him. Defendants submit that these releases are necessary for Defendants to have the case appropriately reviewed by medical experts to evaluate the merits of Plaintiffs' claims.

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Case 1:03-cv-02319-WDM-MJW

Document 179

Filed 11/22/2005

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Respectfully submitted this 22nd day of November, 2005. s/ Steven J. Wienczkowski Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON , P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 E-Mail: [email protected] ATTORNEYS FOR CMI, KIM DEMPEWOLF, MARYE DEMING AND JASON COOLIDGE

CERTIFICATE OF SERVICE I hereby certify that on the 22nd day of November, 2005, a true and correct copy of the foregoing was filed via electronic filing, as well as placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. #111389 Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034

s/Laura Buckingham Laura Buckingham, on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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