Picco et al v. Glenn et al

Filing 208

MINUTE ORDER denying 196 Defendant Valley View Hospital Association's Motion to Preclude Plaintiffs from Calling Sylver Brown, R.N., as a Witness at the April 2, 2015 Hearing ; denying 202 Defendant Kelly R. Glenn, D.O.'s Motion to Preclude Plaintiffs from Calling Kelly R. Glenn, D.O. as a Witness at the April 2, 2015 Hearing, as set forth in the order, by Magistrate Judge Michael J. Watanabe on 4/1/2015.(emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02858-RM-MJW
GLENN PICCO and
FRANCINE PICCO,
Plaintiff(s),
v.
KELLY R. GLENN, D.O., and
VALLEY VIEW HOSPITAL ASSOCIATION,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendant Valley View Hospital Association’s Motion
to Preclude Plaintiffs from Calling Sylver Brown, R.N., as a Witness at the April 2, 2015
Hearing (docket no. 196) is DENIED for the following reasons.
It is FURTHER ORDERED that Defendant Kelly R. Glenn, D.O.’s Motion to
Preclude Plaintiffs from Calling Kelly R. Glenn, D.O. as a Witness at the April 2, 2015
Hearing (docket no. 202) is DENIED for the following reasons.
This matter is set for hearing on April 2, 2015, on Defendant Valley View Hospital
Association’s Motion to Enforce Settlement Agreement (docket no. 174). The court
originally set the subject motion (docket no. 174) for hearing on March 4, 2015.
Thereafter, Defendant Valley View Hospital Association moved this court to continue the
March 4th hearing. This court granted Defendant Valley View Hospital Association’s
Motion to Reschedule Hearing (docket no. 176) and reset this hearing to March 10,
2015, at 2:00 p.m. See docket nos. 178 and 179. Unfortunately, the March 10, 2015,
hearing had to be rescheduled since Judge Watanabe was summoned to jury duty in
the Arapahoe County District Court on March 10, 2015, and therefore this case was
reset to April 2, 2015, at 2:00 p.m. See docket no. 183.
The sole issue before this court in the subject motion (docket no. 174) is whether
the documents produced by Defendant Valley View Hospital constitute a
complete audit trail pursuant to the Basic Terms of Settlement. It is undisputed
that Defendant Valley View Hospital Association agreed, as part of the settlement with
plaintiffs, to produce a complete audit trail to plaintiffs.

2
Here, I find that the activities of various employees of Defendant in the electronic
medical record is directly on point to the issues at hand. Sylver Brown, R.N., is a nurse
who did not treat Mr. Picco [plaintiff] on January 1, 2011, but who apparently accessed
Mr. Picco’s chart on January 1, 2011, and January 2, 2011, hours after he had been
transferred to St. Mary’s Hospital & Medical Center, based upon the testimony of Beth
Chow, the Valley View Hospital Risk Manager, during her deposition testimony. See
Transcript of Beth Chow Dep. 154: 4-17, March 27, 2015. Accordingly, plaintiffs should
be permitted to call Sylver Brown, R.N., and Kelly R. Glenn, D.O., at the motion hearing
on April 2, 2015, and inquire about accesses into Mr. Picco’s medical chart, and the
circumstances surrounding the same, in to order to demonstrate to this court that the
documents produced by Defendant Valley View Hospital do not constitute a complete
audit trail. However, each question asked of Nurse Brown or to Dr. Glenn should not be
duplicative of previous questions that she/he has already answered during her/his
deposition, and each question needs to be relevant on whether the documents
produced by Defendant Valley View Hospital constitute a complete audit trail.
Date: April 1, 2015