Tripati v. Corizon, Inc. et al

Filing 282

ORDER: IT IS ORDERED that the 280 Motion for Clarification is GRANTED to the extent it is necessary to reaffirm again the 274 Order issued on 8/24/18. The 281 Motion to Extend the Dispositive Motion Deadline by 25 days from this Court's ruling on the Motion for Clarification is GRANTED: dispositive motions deadline is extended to 11/9/18. There shall be no further extensions of time for filing dispositive motions. Signed by Senior Judge David C Bury on 10/11/18. (BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Anant Kumar Tripati,
Plaintiff,

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ORDER

v.

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No. CV-13-00615-TUC-DCB

Corizon Incorporated, et al.,

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Defendants.

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On August 24, 2018, the Court issued an Order (Doc. 274), which denied

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Plaintiff’s motions to disqualify the Court, for a permanent injunction against Counsel

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and Corizon for HIPPA violations, and for a Telephonic Rule 16 Scheduling Conference.

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The Court found no basis for disqualification because Plaintiff simply objected to

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unfavorable rulings by the Court.

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Conference because discovery was completed prior to the remand of this case. The Court

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refused to enjoin the Defendants from using Plaintiff’s medical records which Defendants

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shared with counsel without securing a release from the Plaintiff. The Court explained

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that such relief for any HIPPA violation would fail because Plaintiff could not show “any

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prejudice based on the disclosure of the information in this case because he has put his

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health information at issue; to the extent Plaintiff claims too much or irrelevant

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information was disclosed and is being used for an improper purpose, he has not made

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such a showing on the current record.” (Order (Doc. 274) at 6.) The Court set October

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15, 2018, as the deadline for filing dispositive motions in this case. Id. at 7.

It denied the request for a Rule 16 Scheduling

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The Plaintiff followed the Court’s Order with a Motion to Disqualify Counsel for

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the alleged HIPPA violation and Motion in Limine to Preclude Evidence Obtained

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Unlawfully without a medical release. The Court issued a text order denying the motions

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pursuant to Order (Doc. 274); “no showing of prejudice from HIPPA violation because

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he has placed his health information at issue.” (Order (Doc. 275)). The Defendants

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followed this Order with two motions: Motion for Clarification and Motion to Extend the

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Dispositve Motion Deadline. The Defendants ask the Court to clarify that Defendants did

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not violate HIPPA.

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The Court clarifies that it did not reach the merits of whether or not there has been

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a HIPPA violation. It does not intend to reach the question because if a HIPPA violation

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occurred here it does not preclude the Defendants from using the Plaintiff’s medical

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record evidence in this case. As this Court held in its Order issued on August 24, 2018,

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the Plaintiff has placed his medical care and treatment by Defendants at issue, and he

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cannot go forward with his case without his medical records being in evidence. The

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Defendants note that the medical records were disclosed during briefing of the issue of

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whether Plaintiff was perpetrating a fraud upon the Court regarding his claim of

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blindness which resulted in this Court’s dismissal of the case and subsequent remand.

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There was no objection by Plaintiff to the Defendants’ reliance on his medical records

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then. The Court does not see any procedural necessity to reopen discovery for the sole

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purpose of ordering the Plaintiff to provide a release for those records, nunc pro tunc.

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Accordingly,

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IT IS ORDERED that the Motion for Clarification (Doc. 280) is GRANTED to

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the extent it is necessary to reaffirm again the Order issued on August 24, 2018 (Doc.

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274).

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IT IS FURTHER ORDERED that the Motion to Extend the Dispositive Motion

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Deadline by 25 days from this Court’s ruling on the Motion for Clarification (Doc. 281)

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is GRANTED: the dispositive motions deadline is extended to November 9, 2018.

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IT IS FURTHER ORDERED that there shall be no further extensions of time for
filing dispositive motions.
Dated this 11th day of October, 2018.

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