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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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RAFAEL MUNOZ, ET AL.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 15-cv-00932-BLF

v.
WATSONVILLE COMMUNITY
HOSPITAL,

ORDER GRANTING IN PART AND
DENYING IN PART MOTION TO
EXTEND DISCOVERY DEADLINE

Defendant.
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Plaintiff moves to extend the discovery cut-off, currently set for July 14, 2017, to August

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15, 2017. According to Plaintiff, various delays in the discovery process have prevented Plaintiff

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from obtaining a complete set of medical records relating to Defendant Watsonville Community

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Hospital’s (“WCH”) treatment of the decedent, Karina Munoz Hermosillo. Plaintiff thus requests

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an extension of the discovery cut-off to allow for a motion to compel and a subpoena of third

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parties in an attempt to obtain the medical records.

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Defendant WCH objects, arguing that all records have been produced and complaining that

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Plaintiff has failed to comply with ex parte rules. WCH further requests that if the Court extends

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discovery, that discovery be limited to Plaintiff seeking a motion to compel CHS/Community

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Health Systems Incorporated’s (“CHSPSC”) compliance with the previously issued subpoena for

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records and/or to subpoena Quorum Health for the records.

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A motion to change a deadline in the scheduling order should be evaluated u nder Fed. R.

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Civ. Proc. 16(b), requiring “good cause.” Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087

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(9th Cir. 2002). Here, Plaintiff represents that WCH refused to discuss the existence of e-

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discovery or ProMed medical records, and only on July 13, 2017, did WCH inform Plaintiff that it

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did not have access to the requested documents. Mot. 2. Additionally, Plaintiff has experienced

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numerous delays despite diligent attempts to serve the subpoena on CHSPSC. Because Plaintiff

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was not apprised of WCH’s inability to access the requested records until July 13, 2017, close to

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the discovery cut-off, and encountered difficulty in serving CHSPSC, the Court finds good cause

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to extend the discovery cut-off for a limited purpose. Accordingly, the Court GRANTS IN PART

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the motion to extend the discovery cut-off to August 15, 2017, solely for Plaintiff to seek an order

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compelling CHSPSC’s production of records in Tennessee and to subpoena Quorum Health for

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the records. To the extent the motion requests the extension to allow for other discovery-related

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United States District Court
Northern District of California

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requests, the Court DENIES IN PART the motion.
IT IS SO ORDERED.

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Dated: July 19, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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