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Gallagher v. Department of Corrections

United States District Court, W.D. Washington

January 24, 2017

DOUGLAS E. GALLAGHER, Plaintiff,
v.
DEPARTMENT OF CORRECTIONS, et al., Defendants.

          ORDER DENYING MOTION TO COMPEL

          Karen L. Strombom United States Magistrate Judge

         Plaintiff Douglas E. Gallagher files a motion to compel discovery and for attorney fees. Dkt. 28. For the reasons stated herein, the motion will be denied.

         BACKGROUND

         Mr. Gallagher is a Washington state inmate who is presently incarcerated at the Clallam Bay Corrections Center (CBCC). In his second amended complaint, Mr. Gallagher alleges that defendants (who are primarily his treating health care providers) violated his Eighth Amendment rights when they failed to have his hernia surgically repaired. Defendants include the Department of Corrections (DOC), and nine current and former employees of DOC, including former DOC Secretary Dan Pacholke. Dkt. 13.

         Mr. Gallagher identifies three interrogatories (“ROG”) and four requests for production (“RFP”) at issue in his motion:

ROGS:
7. Please identify and list any and all grievances against Dr. Dale Fetroe, Dr. Steven Hammond, Dan Pacholke, Kevin Bovenkamp, Ron Haynes, and Mike Holthe for the last six years.
8. Please identify and list any and all lawsuits, past and present against Dr. Dale Fetroe, Dr. Steven Hammond, Dan Pacholke, Kevin Bovenkamp, Ron Haynes, and Mike Holthe. This is to include any settlement offers.
9. Please list and identify all of the records for Price v. Morgan et al., U.S.D.C. (W.D. Wash) C13-5028 RJB/KLS.
Dkt. 29, Declaration of Douglas Gallagher, ¶ 7-9, Exh. F, G, and H (Plaintiff's Second Interrogatories and Third Request for Production).
RFP:
3. Any and all grievances against all named defendants for the last four years. This is to include level one, two, and three responses to said grievances and all electronic or written documents generated by them.
4. Any and all Civil Complaints, Tort Claims, and lawsuits in the state and federal court against all named defendants. This is to include any and all settlement agreements for the last four years.
5. A list of all offenders who have had surgical repair of their hernias in DOC custody in the state of Washington ...

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