Perry v. Silverthon

United States District Court for the Eastern District of Michigan, Southern Division · March 4, 2025 · No. 24-10194

Summary

This federal district court order resolves several pending motions regarding discovery disputes, sanctions, and a request to extend the dispositive motion deadline in a pro se prisoner civil rights action. The court granted in part and denied in part the defendant’s motion for sanctions and to compel production of a signed medical records authorization, finding insufficient grounds for dismissal but ordering compliance with the authorization form. The plaintiff’s motion for sanctions against defense counsel was denied due to lack of legal basis and meritless allegations. Finally, the court granted the defendant’s motion to retroactively extend the dispositive motion deadline.

Court
United States District Court for the Eastern District of Michigan, Southern Division
Writing for the Court
Curtis Ivy, Jr.
Jurisdiction
United States District Court for the Eastern District of Michigan
Decision date
March 4, 2025
Docket number
24-10194
Procedural posture
Order on Defendant's motion for sanctions and to compel production, Plaintiff's motion for sanctions, and Defendant's motion to extend the dispositive‑motion deadline.
Precedential value
nonprecedential
Disposition
other

Topics

discovery disputesanctionscivil rightscivil procedureinjunctions

Practice areas

civil procedurecivil rights

Questions Presented

  1. Whether Defendant's motion for sanctions under Fed. R. Civ. P. 37(b)(2)(A)(v) should be granted.
  2. Whether Defendant's motion to compel production of a valid medical‑records authorization should be granted.
  3. Whether Plaintiff's motion for sanctions against Defendant should be granted.
  4. Whether Defendant's motion to retroactively extend the dispositive‑motion deadline should be granted.

Holdings

  1. The motion for sanctions is denied because Plaintiff had not violated a prior discovery order.
  2. The motion to compel is GRANTED; Defendant is ordered to resubmit the November 13, 2024 authorization and Plaintiff must verify its signature.
  3. Plaintiff's motion for sanctions is DENIED because no legal authority supporting sanctions was identified and Defendant's conduct did not constitute bad faith.
  4. The motion is GRANTED; the deadline is extended 90 days to June 2, 2025.

Key quotations

Defendant’s motion for sanctions or, in the alternative, to compel production is GRANTED IN PART AND DENIED IN PART. (at ¶ 1)
Plaintiff’s motion for sanctions is DENIED. (at ¶ 2)
Defendant’s motion to retroactively extend the dispositive motion deadline is GRANTED. The new deadline for dispositive motions will be June 2, 2025. (at ¶ 3)

Factual background

Plaintiff, a prisoner, alleged inadequate medical care and sought the release of his medical records. Defendant counsel sent authorization letters which Plaintiff either ignored or claimed were fraudulent. Multiple authorization forms were signed, disputed, and the parties argued over the validity of signatures, leading to discovery disputes and sanctions motions.

Procedural history

Plaintiff filed a pro se 42 U.S.C. §1983 action. The parties exchanged discovery requests concerning medical records. Several motions were filed: Defendant's motion for sanctions/compel, Plaintiff's motion for sanctions, and Defendant's motion to extend the dispositive‑motion deadline. The magistrate judge issued this order granting and denying the motions in part.

Court Document

Open PDF
Loading document…