Coles v. Hahn

Filing 72

ORDER denying pltf's 68 Motion to Compel. Signed by Judge D. P. Marshall Jr. on 5/15/12. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

PLAINTIFF

CECIL A. COLES

v.

No.4:11-cv-272-DPM
DEFENDANTS

DR. HERBERT L. HAHN, et al.
ORDER

Coles moves the Court to compel Dr. Hahn to comply with the
following discovery request: "Please provide ... [a]ny and all medical
complaints filed against [Dr. Hahn] at any time during the thirty three years
(33) of his medical practice and/or the all of his entire years of medical
practice."

Dr. Hahn objected to this request on several grounds.

Nevertheless, Dr. Hahn states that he provided Coles "with the only civil
complaint and summons (other than the instant case) for medical malpractice
as against him that is in his possession."
Coles and Dr. Hahn's lawyer apparently had a pointed phone
conversation at some point. Coles says in his motion that he "believes that
there [do exist] many more medical complaints that have been filed over the
years against [Dr. Hahn] and that counsel should not use weak excuses like
time periods to avoid producing evidentiary documentation that may be

archived during a physician's career." Dr. Hahn reiterates that the medical
malpractice civil complaint and summons he provided was the only such
complaint in his possession.
Federal Rule of Civil Procedure 34(a)(1)(A) requires a party, upon
receiving a Rule 26(b)-compliant discovery request, lito produce [any
designated documents or electronically stored information] in the responding
party's possession, custody, or control[.]" Here, Dr. Hahn has repeatedly
stated that he produced the only medical malpractice civil complaint and
summons against him in his possession. That is all Rule 34 requires.
The Court recognizes that Coles is untrained in the law. It is highly
unlikely that evidence of other lawsuits would be admissible into evidence in
this case. Coles must prove his case, and Dr. Hahn must defend, based on Dr.
Hahn's treatment of Coles, not other conduct.
Motion, Document No. 68, denied.
So Ordered.

D.P. Marshall Jr. (j
United States District Judge

-2­