Free Motion to Compel - District Court of Arizona - Arizona

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TERRY GODDARD Attorney General J. Randall Jue Assistant Attorney General State Bar No. 014816 1275 West Washington Phoenix, Arizona 85007-2926 Telephone: (602) 542-4951 Fax: (602) 542-7670 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ANDRE ALMOND DENNISON, Plaintiff, v. CONRAD LUNA, et al., Defendants. DEFENDANTS' MOTION FOR ORDER TO COMPEL PLAINTIFF TO SIGN MEDICAL AUTHORIZATION FOR RELEASE OF INFORMATION AND DOCUMENTATION No. 03-CV-2373 PHX SRB (JI)

Defendants,1 through undersigned counsel, request that the Court order the Plaintiff to sign and return to Defense counsel Medical Authorizations for Release of Information and Documentation pursuant to Rule 37 of the Federal Rules of Civil Procedure. This motion is supported by the attached Memorandum of Points and Authorities. RESPECTFULLY SUBMITTED on this 12th day of August, 2005. TERRY GODDARD Attorney General s/ J. Randall Jue J. RANDALL JUE Assistant Attorney General Attorneys for Defendants
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Luna, Stewart, James, Emore, Pinson, Hewitt, Nelson, Fridenmaker, Cooper, and

Schriro.
Case 2:03-cv-02373-SRB Document 83 Filed 08/12/2005 Page 1 of 2

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MEMORANDUM OF POINTS AND AUTHORITIES In order for the Defendants to adequately defend the claim that they failed to protect the Plaintiff from a harm that he allegedly suffered at the hands of Defendant James, they need access to his medical records. On April 21, 2005, the Defendants sent a letter with the Medical Authorizations for Release of Information and Documentation to the Plaintiff requesting that he sign and return them to Defense counsel. (Exhibit 1.) So far, the Plaintiff has refused to cooperate with this request. The Defendants contend that the request is simple and clear cut and that the dispute will not be resolved without the intervention of the Court. Therefore, the Defendants respectfully request that the Court order the Plaintiff to sign and return the Medical Authorization release forms to Defense counsel. RESPECTFULLY SUBMITTED on this 12th day of August, 2005. TERRY GODDARD Attorney General s/ J. Randall Jue J. RANDALL JUE Assistant Attorney General Attorneys for Defendants Original e-filed this 12th day of August, 2005, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, Arizona 85003 COPY mailed on the same date to: Andre Almond Dennison, # 143931 ASPC ­ Eyman - SMU I P.O. Box 4000 Florence, Arizona 85232 Plaintiff Pro Per s/ Colleen S. Jordan Secretary to J. Randall Jue
IDS04-0294/RM G2004-20632

918662

Case 2:03-cv-02373-SRB

Document 83

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Filed 08/12/2005

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