United States District Court, E.D. Arkansas, Western Division
following Recommended Disposition
(“Recommendation”) has been sent to United States
Chief District Judge Brian S. Miller. You may file written
objections to all or part of this Recommendation. If you do
so, those objections must: (1) specifically explain the
factual and/or legal basis for your objection; and (2) be
received by the Clerk of this Court within fourteen (14) days
of the date of this Recommendation. If you do not file
objections, Judge Miller can adopt this Recommendation
without independently reviewing all of the evidence in the
record. By not objecting, you may waive the right to appeal
questions of fact.
Daniel Ray Wedsted (“Wedsted”) filed this §
1983 action while he was a pretrial detainee at the Saline
County Detention Center (“SCDC”). After screening
his Complaint and Amended Complaint, the Court allowed
Wedsted to proceed with his inadequate medical care claim
against Defendant Brett Carpenter, but dismissed all other
claims and Defendants. Docs. 2, 6, 10 & 12. On November
7, 2018, Carpenter filed a Third-Party Complaint raising an
indemnification claim against Turn Key Health Clinics LLC
(“Turn Key”), which had contractually agreed to
provide medical and dental services to individuals confined
at the SCDC. Doc. 30.
Key has filed a Motion to Dismiss due to Wedsted's
failure to cooperate in discovery and diligently prosecute
this case. Doc. 39. Wedsted has not filed a Response.
relevant procedural history is as follows:
December 10, 2018, Turn Key propounded Interrogatories and
Requests for Production of Documents to Wedsted. Doc. 35,
Ex. A. Because Wedsted had been released from
incarceration, Turn Key mailed its discovery requests to
Wedsted at the free-world address he had provided to the
Court. Id.; see Doc. 15. On January 22, 2019, Turn
Key sent Wedsted a letter asking about the status of his
responses to its discovery requests. Doc. 35, Ex. B.
Wedsted did not respond to Turn Key's discovery requests
or the January 22, 2019 letter.
February 18, 2019, Turn Key filed a Motion to Compel, stating
that, despite attempting in good faith to engage in
discovery, Wedsted had failed to provide any responses to its
discovery requests. Doc. 35.
February 19, 2019, the Court granted Turn Key's Motion to
Compel and ordered Wedsted to file in the record, on or
before March 19, 2019, his responses to Turn Key's
December 10, 2018 discovery requests. The Court warned
Wedsted that his case could not continue if he refused to
answer discovery. Doc. 36. Because of the outstanding
discovery requests, the Court extended Turn Key's
deadline for filing dispositive motions to May 5, 2019. Doc.
3, 2019, Turn Key filed a Motion to Dismiss, stating that
Wedsted had not responded to their discovery requests or to
the Court's February 19, 2019 Order directing him to file
his responses in the record. Doc. 39. Turn Key stated that
Wedsted also had failed to sign and return a Medical
Authorization Form, preventing it from obtaining the medical
records necessary to assess and prepare dispositive motions
in this case. Turn Key also sought extension of the
dispositive motions deadline.
6, 2019, the Court entered an Order providing Wedsted with
another opportunity to respond to the discovery requests:
[O]n or before by May 20, 2019, Wedsted
must: (1) file a Response to Turn Key's Motion to
Dismiss; (2) file, in the record, his Answers to Turn
Key's December 10, 2018 Interrogatories and Requests for
Production of Documents; and (3) file, in the record, a
completed Medical Authorization Form. If Wedsted does not
timely and fully comply with this Order by May 20, 2019, this
case will be dismissed pursuant to Fed.R.Civ.P.
has not responded to the Court's May 6, 2019 Order, and
the deadline has passed.