Case involving patient records found in dumpster unresolved; records from office of West Fargo optometrist Dr. Gregory Dye

(Fargo, ND) -- An attorney representing the North Dakota State Board of Optometry says he's in the process of requesting a response from an attorney representing a West Fargo optometrist whose patient records were found in a Fargo Dumpster.

Last February, WDAY Radio recovered approximately 350 patient records in the dumpster situated near a business on University Drive, after we were contacted by a concerned citizen who noticed the dumped documents after driving by the dumpster.  

The records, insurance documents and tax records appear to come from the office of Dr. Gregory Dye.

WDAY notified Dr. Gregory Dye and the board of optometry about the discovery shortly after the documents were recovered.

Dr. Dye never responded to our multiple requests for comment.

Monday afternoon, WDAY Radio spoke with board attorney Matt Menge who told us the board had directed him during their meeting in mid-August to seek a response from Dye's attorney regarding the discovery of the documents in the dumpster, but Menge said he had not yet made contact with Dye's attorney.

Moments after speaking with Menge, Tyler Leverington, an attorney who said he represents Dr. Dye, contacted WDAY Radio and requested that we turn the patient records over to him. 

Leverington said Dye is concerned about the patient records "floating around" the WDAY Radio office. 

The patient records remain in a secure location.  

WDAY Radio will continue to follow the state board's review of the situation until the board reaches a conclusion or a resolution.