DEBORAH K. CHASANOW, District Judge.
Plaintiff Arthur Phillips ("Plaintiff") filed a motion for leave to file a supplemental complaint pursuant to Fed.R.Civ.P. 15(d). (ECF No. 92). Defendants Colin Ottey, Ava Joubert, Greg Flury, Katie Winner, Carla Buck, Kristi Cortez, and Wexford Health Sources, Inc. ("Defendants") opposed this motion (ECF No. 96), and Plaintiff replied (ECF No. 101). Plaintiff subsequently supplemented his motion with a copy of his proposed supplemental complaint at the court's instruction. (ECF Nos. 107; 108; 117).
As the court previously noted, leave to file a supplemental complaint should be freely granted, and denied only where good reason, such as prejudice to the defendant, exists. (ECF No. 107, at 19 (citing Franks v. Ross, 313 F.3d 184, 198 n.15 (4
Plaintiff previously settled a suit against a different medical contractor and his health care providers that alleged similar civil rights violations related to the same health conditions. See Order, Phillips v. Murray, et al., No. DKC-11-0302 (D.Md. Nov. 19, 2012), ECF No. 85; Stipulation, Phillips, No. DKC-11-0302 (D.Md. Mar. 4, 2013), ECF No. 90. The instant suit involves nearly identical claims, relating to the treatment of the same underlying medical conditions, primarily at the same correctional institution, and even involves some of the same medical professionals. The alleged violations here date from just two days after the filing of the stipulation of dismissal in Plaintiff's previous suit. Given the ongoing nature of Plaintiff's allegations, it is in the interest of judicial economy to allow Plaintiff to supplement his amended complaint to allow this litigation fully to address his medical care and treatment since March 6, 2013, rather than force Plaintiff to file a third suit on these same issues to address his care from 2014 through the present.
While Plaintiff's proposed supplemental complaint does extend the relevant time period of his claims and incorporates his medical care while at Patuxent Institution, granting leave to file the supplemental complaint will not prejudice Defendants. Plaintiff was receiving care from providers employed by Defendant Wexford Health Sources, Inc., at all relevant times and institutions, and it does not appear from the parties' briefing that these new allegations will require significant discovery. Plaintiff has already been deposed, at least in part, regarding his current medical treatment (see ECF No. 101, at 3-5), and Plaintiff previously requested all of his medical records in discovery (see ECF No. 85-2).
For the foregoing reasons, it is this 6th day of December, 2016, by the United States District Court for the District of Maryland, ORDERED that:
1. The motion for leave to file supplemental complaint filed by Plaintiff Arthur Phillips (ECF No. 92) BE, and the same hereby IS, GRANTED;
2. Plaintiff Arthur Phillips's supplemental complaint (ECF No. 117) is deemed filed and served; and
3. The clerk will transmit copies of this Memorandum Opinion and Order to counsel for the parties.