Whitley v. Baptist Health et al

Filing 143

ORDER partly granting and partly denying with instructions 139 Motion to stay discovery. Signed by Chief Judge D. P. Marshall Jr. on 10/25/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BRIAN WHITLEY, Individually and
on Behalf of All Others Similarly Situated
v.

PLAINTIFF

No. 4:16-cv-624-DPM

BAPTIST HEALTH; BAPTIST HEALTH
HOSPITALS; DIAMOND RISK
INSURANCE LLC; CONTINENTAL
CASUALTY COMPANY; ADMIRAL
INSURANCE COMPANY; ADMIRAL
INDEMNITY COMPANY; IRONSHORE
INDEMNITY, INC.; and IRONSHORE
SPECIALTY INSURANCE COMPANY

DEFENDANTS

ORDER
Baptist's motion to stay discovery, NQ 139, is partly granted, and
partly denied, with instructions. First, Baptist need not respond to
Whitley's fourth set of discovery requests. They' re premature because
they' re so comprehensive.

Second, Baptist must audit the current

spreadsheet information and give Whitley its best estimate of how
many members may be in the class. Third, counsel must meet and
confer in person (video conference will do) about all discovery issues
beyond the numerosity clarification. Fourth, if the Court of Appeals
allows the interlocutory appeal of NQ 138, this Court will sua sponte stay
any discovery beyond the numerosity clarification. Fifth, the Court

reminds the parties to follow the Scheduling Order's provision about
discovery disputes. Sixth, the Court reminds the parties of their joint
report due by 15 November 2019 on numerosity and notice issues.
NQ 138 at 21-22.

So Ordered.
D.P. Marshall Jr.
United States District Judge

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