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Mays v. Shah

United States District Court, S.D. Illinois

July 26, 2019

TIBERIUS MAYS, Plaintiff,
v.
VIPIN SHAH, DR. RITZ, PHILIP MARTIN, RYAN ERICKSON, WEXFORD HEALTH SOURCES, INC., Defendants.

          ORDER

          Hon. Reona J. Daly, United States Magistrate Judge.

         This matter is before the Court on Plaintiff's Motion to Compel (Doc. 83) filed against Defendants Vipin Shah and Stephen Ritz. Defendants Shah, Ritz, and Wexford filed a Response (Doc. 86). Defendants assert Plaintiff did not, in good faith, confer with Defendants prior to filing the Motion to Compel. Defendants also assert Plaintiff inaccurately transcribed the Interrogatories he sent to Defendants Shah and Ritz in his Motion to Compel.

         Plaintiff is proceeding in this case on four counts: three Eighth Amendment deliberate indifference claims and one First Amendment retaliation claim. The Court reviews each of Plaintiff's Interrogatories (as set forth in his Motion to Compel) and Defendants' responses thereto, as set forth below:

Directed to Defendant Vipin Shah
Interrogatory #1: Please state the date of birth and marital status for Vipin Shah, M.D.
Response: Dr. Shah objected that Plaintiff seeks personal and private information that if disclosed could present safety and security concerns given the nature of the case. Additionally, information regarding Shah's date of birth and marital status is not relevant to any claim or defense.
Ruling: The Court finds this request is irrelevant and not proportional to the needs of the case. Plaintiff's request to compel any further response to this request is DENIED.
Interrogatory # 2: Please state any occupation you have had within the last twenty (20) years for Vipin Shah, M.D.
Response: Defendant Shah objected that Plaintiff seeks personal and private information that if disclosed could present safety and security concerns given the nature of the case. Subject to and without waiving the objection, Defendant Shah responded that he has been employed as the Medical Director at Robinson Correctional Center from January 5, 2016 to present. Defendant Shah asserts his employment history from 1999 to January 4, 2016 is not relevant to any party's claims or defenses.
Ruling : The Court finds this request, as written, is not proportional to the needs of the case. However, Defendant Shah is ORDERED to supplement his response to this Interrogatory to provide Plaintiff the length of time he has been licensed to practice medicine.
Interrogatory #3: Please describe the following regarding your employment with Wexford Health Sources and/or Illinois Department of Corrections: (b) length of employment, (c) provide titles and duties for each position, dates, and timeframe for each position held within last twenty (20) years for Vipin Shah.
Response: Defendant Shah asserts Plaintiff did not accurately transcribe Interrogatory #3 in his Motion. The Interrogatory #3 sent to Defendant Shah stated, “Please descrobe [sic] the following regarding your employment within the Illinois Department of Corrections, hereafter IDOC: (a) Current employment status with the IDOC; (b) Length of employment; and (c) Provide the title and duties for each position, dates and timeframe each position was held for last 20 years.” Defendant Shah states that he is not currently, and has never been, employed by the Illinois Department of Corrections. Shah asserts, as discovery closed on July 5, 2019, it is improper for Plaintiff to alter this question to Shah. Shah argues he answered Plaintiff's original question as written.
Ruling: The Court finds this request, as written, is not proportional to the needs of the case. However, Defendant Shah, if he has not done so, is ORDERED to supplement his response to provide the job description for his position within the relevant time frame.
Interrogatory #5 : How many Federal civil lawsuits have IDOC prisoners filed again Vipin Shah during your entire time [as] ...

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