Munoz v. Watsonville Community Hospital et al

Filing 120

ORDER GRANTING IN PART AND DENYING IN PART 118 MOTION TO EXTEND DISCOVERY DEADLINE. Signed by Judge Beth Labson Freeman on 7/19/2017. (blflc4S, COURT STAFF) (Filed on 7/19/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 RAFAEL MUNOZ, ET AL., Plaintiffs, 10 United States District Court Northern District of California 11 12 13 Case No. 15-cv-00932-BLF v. WATSONVILLE COMMUNITY HOSPITAL, ORDER GRANTING IN PART AND DENYING IN PART MOTION TO EXTEND DISCOVERY DEADLINE Defendant. 14 15 Plaintiff moves to extend the discovery cut-off, currently set for July 14, 2017, to August 16 15, 2017. According to Plaintiff, various delays in the discovery process have prevented Plaintiff 17 from obtaining a complete set of medical records relating to Defendant Watsonville Community 18 Hospital’s (“WCH”) treatment of the decedent, Karina Munoz Hermosillo. Plaintiff thus requests 19 an extension of the discovery cut-off to allow for a motion to compel and a subpoena of third 20 parties in an attempt to obtain the medical records. 21 Defendant WCH objects, arguing that all records have been produced and complaining that 22 Plaintiff has failed to comply with ex parte rules. WCH further requests that if the Court extends 23 discovery, that discovery be limited to Plaintiff seeking a motion to compel CHS/Community 24 Health Systems Incorporated’s (“CHSPSC”) compliance with the previously issued subpoena for 25 records and/or to subpoena Quorum Health for the records. 26 A motion to change a deadline in the scheduling order should be evaluated u nder Fed. R. 27 Civ. Proc. 16(b), requiring “good cause.” Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 28 (9th Cir. 2002). Here, Plaintiff represents that WCH refused to discuss the existence of e- 1 discovery or ProMed medical records, and only on July 13, 2017, did WCH inform Plaintiff that it 2 did not have access to the requested documents. Mot. 2. Additionally, Plaintiff has experienced 3 numerous delays despite diligent attempts to serve the subpoena on CHSPSC. Because Plaintiff 4 was not apprised of WCH’s inability to access the requested records until July 13, 2017, close to 5 the discovery cut-off, and encountered difficulty in serving CHSPSC, the Court finds good cause 6 to extend the discovery cut-off for a limited purpose. Accordingly, the Court GRANTS IN PART 7 the motion to extend the discovery cut-off to August 15, 2017, solely for Plaintiff to seek an order 8 compelling CHSPSC’s production of records in Tennessee and to subpoena Quorum Health for 9 the records. To the extent the motion requests the extension to allow for other discovery-related 10 United States District Court Northern District of California 11 requests, the Court DENIES IN PART the motion. IT IS SO ORDERED. 12 13 14 15 Dated: July 19, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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