Picco et al v. Glenn et al

Filing 66

MINUTE ORDER granting 54 Plaintiffs' Motion to Compel the Supplemental Deposition of Defendant, Bruce D. Lippman, M.D. By Magistrate Judge Michael J. Watanabe on 10/21/2013.(mjwcd)

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.,
VALLEY VIEW HOSPITAL ASSOCIATION,
BRUCE D. LIPPMAN, II, M.D., and
GLENWOOD MEDICAL ASSOCIATES,
Defendant(s).
MINUTE ORDER
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Plaintiffs’ Motion to Compel the Supplemental
Deposition of Defendant, Bruce D. Lippman, M.D. (docket no. 54), is GRANTED for the
following reasons. The supplemental deposition of Defendant Lippman shall be
completed no later than November 25, 2013. The parties shall forthwith meet, confer,
and reset Defendant Bruce D. Lippman, M.D.’s supplemental deposition for an
additional one hour. The supplemental deposition shall be limited in scope to the
undisclosed information listed below. Plaintiffs shall be given 20 days after the
continued supplemental deposition of Defendant Lippman to supplement their expert
reports. Defendants will be given an additional 20 days after the supplemental expert
reports are served upon Defendants to supplement their expert reports. Each party
shall pay their own attorney fees and costs for this motion. Plaintiffs shall pay the costs
for the supplemental deposition of Defendant Lippman.
Defendant Lippman was deposed on July 16, 2013, for approximately five hours.
A deponent may not be deposed for a second time unless the party seeking the
additional deposition first obtains leave from the court. Fed. R. Civ. P. 30(a)(2). Leave
shall be granted subject to the principles in Rule 26(b)(2), such as when the soughtafter information could not have been obtained in the first deposition. Furthermore, the
party seeking the additional deposition shall demonstrate “good cause” before a court
should grant such a request for a second deposition. Although it appears that Plaintiffs
were aware of the change in the Glenwood Medical Associates’ electronic record
system, it is also clear that Defendant Lippman’s appointment ledger documenting
Plaintiff’s request for an appointment and the reasons for that request as documented

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by Glenwood Medical Associates (i.e., appointment notes relating to Plaintiff Glenn
Picco) were not available to Plaintiffs when they deposed Defendant Lippman. This
relevant information should have been provided to Plaintiffs prior to the deposition of
Defendant Lippman so that Plaintiffs could have a fair and full opportunity to question
Defendant Lippman. For these reasons, the motion should be granted.
Date: October 21, 2013