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- ilcd;;1:17-cv-01023_de54 RegisterActionDate "2018-08-28" @default.
- ilcd;;1:17-cv-01023_de54 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 8/28/2018. Plaintiff alleges four doctors were deliberately indifferent to his serious medical condition when they denied treatment for back pain due to compression fractures since April of 2013 and they denied hip replacement surgery. See October 2, 2017 Merit Review Order. Plaintiff has now filed three additional motions. For instance, Plaintiff has filed a motion for leave to file his fourth, supplemental complaint. 40 . Plaintiff says since August of 2018, additional events have occurred which he would like to include in his complaint including an overdose of psychiatric medication, failure to follow medical orders, and "withdrawls from medications." (Plain. Mot., 40 , p. 1). Plaintiff is also asking to add an additional Defendant. Plaintiff has attached a proposed, supplemental complaint which pertains only to events from August of 2018 and after. There are several problems with Plaintiff's filing. First, the Court does not allow piecemeal amendments. Second, Plaintiff's claims are not clearly related to the current claims before this Court. Third, discovery is set to close on September 14, 2018, and allowing Plaintiffs claims would result in additional, extended discovery. Fourth, Plaintiff must exhaust administrative remedies even for new claims. Since the allegations occurred within the month and involve different medical conditions, Plaintiff could not have exhausted. For all the reasons stated, the motion to amend is denied. 40 . Plaintiff has been allowed several opportunities to clarify his claims. The Court will not consider any additional motions to amend. Plaintiff has also filed a motion for a subpoena. Defendant admits Defendants have previously subpoenaed and provided medical records from October of 2011 to April of 2018. However, Plaintiff wants more recent medical records. Since Plaintiff's motion to amend was denied, it is doubtful these records are relevant. Nonetheless, Plaintiff must first demonstrate he has requested copies of his own medical records. The motion for a subpoena is denied. 38 . Finally, Plaintiff has filed a second motion to compel discovery claiming he sent interrogatories to counsel in June of 2018, but has not received a response. Defendants must provide a timely response to both pending motions to compel. The Court notes attached to Plaintiff's motion to amend, is a motion for partial summary judgment. (Plain. Mot., 40 , p. 5). The Clerk of the Court is directed to file this document separately as a motion for summary judgment.(JS, ilcd) (Entered: 08/28/2018)" @default.
- ilcd;;1:17-cv-01023_de54 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01023_de54 hasJudgeReference SJ001502 @default.
- ilcd;;1:17-cv-01023_de54 hasReferenceToOtherEntry ilcd;;1:17-cv-01023_de51 @default.
- ilcd;;1:17-cv-01023_de54 hasReferenceToOtherEntry ilcd;;1:17-cv-01023_de53 @default.