Blatchley et al v. Cunningham et al

Filing 144

COURTROOM MINUTES/MINUTE ORDER for Motion Hearing held on 12/8/2015 before Magistrate Judge Nina Y. Wang. Dr. Janes's Motion to Compel Plaintiffs to Comply with Requests for Production 106 is GRANTED. Plaintiffs shall respond to the discovery requests, on or before 1/5/2016. Objections shall be made on or before 12/15/2015. Defendant, St. Anthony Summit Medical Center's Motion for Protective Order 109 is ARGUED, SUBMITTED, and TAKEN UNDER ADVISEMENT. A separate written order shall issue. FTR: Courtroom C-204. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
MAGISTRATE JUDGE NINA Y. WANG

Civil Action:
Courtroom Deputy:

15-cv-00460-WYD-NYW
Brandy Simmons

Parties
JODY BLATCHLEY,
DELFINA BLATCHLEY,

Date: December 8, 2015
FTR: NYW COURTROOM C-204*
Counsel
Alexander R. Wilschke
Molly L. Greenblatt Welch

Plaintiffs,
v.
RICHARD CUNNINGHAM, M.D.,
PETER JANES, M.D.,
MATTHEW CAIN, PA-C,
TIMOTHY SMITH, PA-C,
CAMERON YOUNGBLOOD, PA-C,
ST. ANTHONY SUMMIT MEDICAL CENTER,
VAIL-SUMMIT ORTHOPAEDICS, PC,
GREGORY POULTER, M.D.,

Richard L. Murray, Jr.
Forrest Vincent Plesko
Michael Peter Foley

Defendants.

COURTROOM MINUTES/MINUTE ORDER

MOTION HEARING
Court in Session: 3:32 p.m.
Appearance of counsel. Zach Warkentin appears for Cameron Youngblood and Vail-Summit
Orthopaedics, PC.
Discussion and argument held on Dr. Janes’s Motion to Compel Plaintiffs to Comply with
Requests for Production [106] filed October 21, 2015.
ORDERED: Dr. Janes’s Motion to Compel Plaintiffs to Comply with Requests for
Production [106] is GRANTED. Plaintiffs shall respond to the discovery

requests, including all recordings made by Ms. Blatchley, on or before
January 5, 2016, or the responses shall be deemed untimely. If Plaintiffs
object to the production, objections shall be made on or before December 15,
2015. All responses to outstanding discovery in dispute must be made on or
before January 5, 2016. Plaintiff is specifically advised that failure to provide
responses to outstanding discovery in dispute by that date, without good cause
shown for delay, may result in the court precluding use and/or other
sanctions.
ORDERED: Plaintiff shall supplement their Rule 34 responses to make clear anything that
has already been produced under Rule 26.
Parties discuss photographs that have been disclosed and a timeline for the photographs.
Plaintiffs’ counsel represents on the record that all photographs in the possession, custody and
control of Plaintiffs depicting Mr. Blatchley’s injury have been disclosed.
Discussion and argument held on Defendant, St. Anthony Summit Medical Center’s Motion for
Protective Order [109] filed October 26, 2015.
ORDERED: Defendant, St. Anthony Summit Medical Center’s Motion for Protective
Order [109] is ARGUED, SUBMITTED, and TAKEN UNDER
ADVISEMENT. A separate written order shall issue.
Parties discuss outstanding discovery issues including: responses to Plaintiffs’ outstanding
discovery served on or about October 2, 2015; Plaintiffs discovery request of identification of
former staff members that were on-call during Mr. Blatchley’s hospital stay; peer review;
depositions of two former employees who live out-of-state; and Request for Production No. 6
regarding reviewing Mr. Blatchley’s medical record on a computer.
ORDERED: Defendant St. Anthony Summit Medical Center shall respond to these
outstanding discovery requests on or before December 15, 2015. To the extent
that the Parties seek to take the deposition of two former employees out of
time, they will file a motion that identifies the specific dates for such
depositions.
In addition, the Parties are directed to meet and confer regarding the medical record issue.
The Court advises parties that any discovery responses and supplemental responses shall be
governed by the Amendments to the Federal Rules of Practice and Procedure effective December
1, 2015.
Court in Recess: 4:48 p.m.

Hearing concluded.

Total time in Court: 01:16

* To obtain a transcript of this proceeding, please contact Stevens-Koenig Reporting at [phone].