Meeker v. Life Care Centers of America, Inc. et al

Filing 214

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 12/18/15. Defendants Motion to Stay Discovery Pending Ruling on Order on Discovery Motions 210 is GRANTED; The portion of the Order 204 directing the Life Care Defendants to produce the consolidated financials no later than December 11, 2015 is STAYED; and All other portions of the Order REMAIN IN EFFECT.(bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02101-WYD-NYW
MICHELLE MEEKER,
Plaintiff,
v.
LIFE CARE CENTERS OF AMERICA, INC., d/b/a HERITAGE PARK CARE CENTER;
COLORADO MEDICAL INVESTORS, LLC, d/b/a HERITAGE PARK CARE CENTER;
TOWN OF CARBONDALE, COLORADO;
EUGENE SCHILLING, Chief of the Carbondale Police Department, in his official and
individual capacities;
MICHAEL ZIMMERMAN, Police Officer in the Carbondale Police Department, in his official
and individual capacities,
Defendants.
MINUTE ORDER
Entered By Magistrate Judge Nina Y. Wang
This matter is before the court on Defendants Life Care Centers of America, Inc. and
Colorado Medical Investors, LLC’s Motion to Stay Discovery Pursuant to D.C.COLO.LCivR
30.2 Pending Ruling on Objection/Appeal of the December 4, 2014 Order on Discovery
Motions. [#210, filed December 9, 2015]. On December 4, 2015, this court ruled on certain
pending discovery motions and ordered the production of additional financial documents related
to Variable Interest Entities, which includes Defendant Colorado Medical Investors (“CMI”).
[#204]. The court ordered production of the consolidated financials including the VIEs no later
than December 11, 2015. [Id. at 15].
Defendants Life Care Centers of America, Inc. and Colorado Medical Investors, LLC
(collectively, “the Life Care Defendants”) objected to the Order. [#206]. They now seek a stay
pursuant to D.C.COLO.LCivR 30.2 to avoid disclosure of the consolidated financials including
the VIEs, pending the determination of the Honorable Wiley Y. Daniel of the pending objection.
[#210]. Plaintiff has indicated that the consolidated financials are relevant to her claim for
punitive damages and her understanding of the financial condition of Defendant CMI.
Discovery has closed in this matter, and the LCCA Defendants have filed a dispositive
motion seeking judgment in their favor on all claims and dismissal with prejudice. [#209]. It

does not appear that the financial condition of the LCCA Defendants is at issue in the pending
dispositive motion. [Id.]. In addition, no trial date has been set in this matter. Therefore, given
the LCCA Defendants’ concern with respect to the disclosure of the consolidated financial
documents, this court concludes that it is appropriate to grant a stay as to the disclosure of the
consolidated financial documents until Judge Daniel has an opportunity to rule on the pending
Objection.
Accordingly, IT IS ORDERED that:
(1)
Defendants Life Care Centers of America, Inc. and Colorado Medical Investors,
LLC’s Motion to Stay Discovery Pursuant to D.C.COLO.LCivR 30.2 Pending Ruling on
Objection/Appeal of the December 4, 2014 Order on Discovery Motions [#210] is GRANTED;
(2)
The portion of the Order [#204] directing the Life Care Defendants to produce the
consolidated financials no later than December 11, 2015 is STAYED; and
(3)

All other portions of the Order REMAIN IN EFFECT.

DATED: December 18, 2015