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Brown v. Philips
United States District Court, D. Nebraska
October 5, 2017
MEE MEE BROWN, Plaintiff,
COURTNEY PHILIPS, Director, SHANNON BLACK, Program Director, KYLE MALONE, SOS Team Leader, WILLIAM BECKER, Program Therapist, CINDY DYKEMAN, Program Manager, and LISA LAURELL, Program Social Worker, et. al., Defendants.
MEMORANDUM AND ORDER
Richard G. Kopf Senior United States District Judge.
plaintiff Mee Mee Brown, a patient at the Norfolk Regional
Center, brings this action for denial of equal protection by
subjecting her to gender discrimination; First Amendment
retaliation; and denial of due process under the Fourteenth
19 and 20, 2017, Plaintiff filed motions to compel discovery
from Defendants in the form of answers to interrogatories
(Filing No. 50) and documents (Filing No.
51). Because the parties thereafter agreed to a
Protective Order (Filing No. 55) that seemed to
pertain to the documents Plaintiff was requesting, I denied
the motions without prejudice to reassertion should
Defendants continue to refuse to produce the requested
nonprivileged documents. (Filing No. 56.)
has now filed a Motion for Reconsideration (Filing No.
57) of the court's prior denial (Filing No.
56) of Plaintiff's Motion to Compel Discovery of
Documents (Filing No. 51), stating that Plaintiff
has discussed the matter by telephone with Defendants'
counsel, who still refuses to provide the documents in
question. Plaintiff has also filed another Motion to Appoint
Counsel (Filing No. 58).
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, 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 discovery in resolving the issues, and whether the burden
or expense of the proposed discovery outweighs its likely
Fed. R. Civ. P. 26(b)(1).
essentially parrot the language of this rule (Filing No.
51, Ex. 1) in refusing to provide Plaintiff with the
REQUEST FOR PRODUCTION NO. 1: All
patient treatment files, including all staffing, and nursing
notes beginning October 2015, through October 2016.
REQUEST FOR PRODUCTION NO. 2: All
written statements, originals, or copies, grievances, witness
statements, both formal and informal of both patients, and
staff beginning October 2015 thru October 2016.
REQUEST FOR PRODUCTION NO. 4: All
written statements, originals, or copies identifyable (sic)
as reports, or witness statements, social worker notes, and
therapist notes involving incidents, conversations or
otherwise with all named defendants, and staff employed at
the Lincoln Regional Center, with attention paid to:
Plaintiffs gender evaluation done by Defendant Shannon Black,
and Sanat Roy (Program Psychiatrist) on August 12, 2016. S.O.
group incident involving Lisa Laurell on September 20, 2016
witness statement and report(s) of incidents with Gavin
Wiseman reported by Teresa Hansen, Defendant Chalice Closen.
REQUEST FOR PRODUCTION NO. 5: Any
and all rules, hospital polices, regulations, and all other
operational procedures concerning both staff and patients
employed and/or committed to the Lincoln Regional Center.
(Filing No. 51 at CM/ECF pp. 3-5.)
in mind the claims brought by Plaintiff and the language of
Fed.R.Civ.P. 26, I conclude that Plaintiff's Motion for
Reconsideration (Filing No. 57) of the court's
prior denial (Filing No. 56) of Plaintiff's
Motion to Compel Discovery of Documents (Filing ...