LISCAR et al v. PEDIATRIC ACUTE CARE OF COLUMBUS PC et al

Filing 20

ORDER granting 16 Motion to Compel. Ordered by Judge Clay D. Land on 07/25/2012.(aaf)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DIANE LISCAR and ERIC LISCAR,

*

Plaintiffs,

*

vs.

*
CASE NO. 4:12-CV-8 (CDL)

PEDIATRIC
ACUTE
CARE
OF *
COLUMBUS, P.C., BEN OVERBY, and
KIM OVERBY,
*
Defendants.

*
O R D E R

Defendant

Pediatric

Acute

Care

of

Columbus,

P.C.

(“Defendant”) moves the Court to compel non-party Martin Army
Community Hospital (“Hospital”) to produce documents and respond
to discovery pursuant to Federal Rule of Civil Procedure 37 and
Local Rule 37.

Defs.’ Mot. to Compel Docs. Against Non-Party

Martin Army Community Hospital 1, ECF No. 16 [hereinafter Mot.
to Compel].
received

On March 28, 2012 and April 12, 2012, the Hospital

Defendant’s

Subpoenas

to

Produce

Documents,

seeking

Plaintiffs Diane Liscar and Eric Liscar’s medical records.

Mot.

to Compel Ex. A, Subpoena, ECF No. 16-1 (seeking D. Liscar’s
medical

records);

Mot.

to

Compel

Ex.

B.,

Letter

from

C.

Schondelmayer to Hospital (Apr. 11, 2012), ECF No. 16-2 at 1
(seeking E. Liscar’s medical records); Mot. to Compel Ex. B,
Subpoena, ECF No. 16-2 at 2 (same).

On June 8, 2012, Defendant

sent a letter to the Hospital detailing its efforts to receive a
response

to

the

subpoenas

and

stating

that

because

it

had

received no response to the subpoenas, Defendant would be forced
to ask the Court to compel the Hospital to produce the requested
records if the Hospital did not produce them by June 15, 2012.
Mot. to Compel Ex. C, Letter from C. Schondelmayer to Hospital
(June

8,

2012)

1,

ECF

No.

16-3.

Defendant

has

still

received a response to the subpoenas from the Hospital.

not

Mot. to

Compel ¶ 4.
The Court finds that the Hospital should be compelled to
produce

the

Accordingly,

records
the

requested

Court

orders

by

the

Defendant’s
Hospital

to

subpoenas.
produce

the

requested medical records within twenty one days of being served
with today’s Order.
Further, the Court orders the Hospital to show cause within
twenty one days of service of this Order why it should not be
required to pay Defendant’s fees and expenses incurred in filing
its Motion to Compel.

See Fed. R. Civ. P. 37(a)(5)(A).

Counsel for Defendant is ordered to serve this Order on
Martin Army Community Hospital by sending a copy of the Order to
the

person

at

the

Hospital

on

whom

Defendant

served

the

subpoenas and by sending a copy of this Order to the United
States

Attorney

for

the

Middle

District

of

Georgia.

Contemporaneously with the service of today’s order, Defendant

2

shall also serve upon Martin Army Community Hospital and the
United

States

Attorney

for

the

Middle

District

of

Georgia

Defendant’s motion to recover its expenses and fees, including a
breakdown

of

the

fees

and

expenses

it

seeks

along

with

all

evidence supporting the request.
IT IS SO ORDERED, this 25th day of July, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

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