ANDREWS et al v. RAM MEDICAL INC et al

Filing 55

ORDER directing parties to execute a stipulation of fact with regard to this order. Deadline for said stipulation is 6/1/2012. Parties should inform the Court if no stipulation can be reached as soon as possible. Ordered by Judge Hugh Lawson on 5/14/2012. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
SHAWN ANDREWS and CONSTANT
ANDREWS,
Plaintiffs,
v.

Civil Action No. 7:11-CV-147 (HL)

RAM MEDICAL, INC., MEDLINE
INDUSTRIES, INC., C.R. BARD, INC., and
DAVOL, INC.,
Defendants.

ORDER
In considering the pending Motion to Quash (Doc. 44), the Court finds that
more information is needed before issuing a ruling. The following questions need
to be answered:
1. What specific information does Medline Industries, Inc. (“Medline”)
seek? Raw data from hospital records or data that has been analyzed
and compiled by the infection preventionist? What is the source of the
information that Medline seeks?
2. Why does Medline want this information?
3. What are the facts and circumstances surrounding the formation and
operation of the Infection Prevention and Control Committee (the
“Committee”)?
4. Who is the infection preventionist mentioned in Tift Regional Medical
Center’s Motion (Doc. 44-1)?
5. What is the relationship between the infection preventionist and the
Committee? Is the infection preventionist a member of the Committee?
Is the infection preventionist a member of Tift Regional’s staff?

6. How is the spreadsheet prepared by the infection preventionist different
from the raw data that is compiled to produce these spreadsheets?
Does the infection preventionist retain copies of the spreadsheet after
delivery to the Committee?
7. If the raw data were available to Medline, would this satisfy Medline’s
request?
8. Is the raw data currently available? Where is the data? How can it be
obtained?
The parties should attempt to execute a stipulation of fact answering these
questions. This stipulation should be filed on or before Friday, June 1, 2012. If
the parties cannot agree to a stipulation, an evidentiary hearing will be held. The
parties are ordered to inform the Court as soon as possible if it is determined that
a hearing is necessary so that the Court may schedule the hearing.
SO ORDERED, this 14th day of May, 2012.

s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
ebr