Parsons et al v. Ryan et al

Filing 2604

ORDER denying Corizon Health Inc.'s 2529 Renewed Motion for Leave to Participate as Amicus Curiae. Signed by Magistrate Judge David K Duncan on 2/15/2018. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Victor Antonio Parsons, et al.,

No. CV-12-0601-PHX-DKD

Plaintiffs,

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v.

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Charles L. Ryan, et al.,

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ORDER

Defendants.

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Corizon Health, Inc., the company that contracts with the Arizona Department of

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Corrections (ADOC) to provide healthcare services to inmates, moved to participate in

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this matter as amicus curiae. (Doc. 2171) At the conclusion of briefing, the Court denied

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that motion. (Docs. 2210, 2218, 2221, 2235) Now, several months later, Corizon has

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filed a Renewed Motion for leave to participate in the Court’s upcoming hearing as

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amicus curiae. (Doc. 2529) The Court has reviewed the responses filed by both parties

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and Corizon’s reply. (Docs. 2556, 2562, 2573)

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The Court will deny the motion for the same reasons stated in its earlier denial.

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The Court’s focus must be on whether ADOC, as obligor on the Stipulation, is complying

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with the Stipulation. That third party witnesses may be involved or that the third party

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entity with which the state has contracted has knowledge does not mean that counsel for

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the third party witnesses need participate. Indeed such participation could lessen the

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focus that must remain on the obligations of the parties. Notwithstanding its contract

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with Corizon, it is the State’s burden to meet its contractual obligations and thus its

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lawyers must bear all of that responsibility in Court.

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Moreover, the Court notes that Corizon’s renewed motion does not indicate how

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its proposed participation would differ from the “litigating amicus curiae” described and

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rejected in United States v. State of Michigan, 940 F.2d 143, 164 (6th Cir. 1991). (Doc.

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2235 at 2) Corizon notes that some of its employees will testify but does not distinguish

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this hearing from any other situation where a non-party witness testifies. Fed. R. Civ. P.

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45.

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IT IS THEREFORE ORDERED that Corizon Health, Inc.’s Renewed Motion
for Leave to Participate as Amicus Curiae (Doc. 2529) is denied.
Dated this 15th day of February, 2018.

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