Duffy v. Lawrence Memorial Hospital

Filing 228

MEMORANDUM AND ORDER finding as moot 210 Relator's Motion to Compel Production of Triage Notes in Response to Requests for Production 40 and 43. Signed by Magistrate Judge Teresa J. James on 8/23/2017. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MEGEN DUFFY,
Relator/Plaintiff,
v.
LAWRENCE MEMORIAL HOSPITAL,
Defendant.

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Case No. 2:14-cv-2256-SAC-TJJ

MEMORANDUM AND ORDER
This matter is before the Court on Relator’s1 Motion to Compel Production of Triage
Notes in Response to Requests for Production 40 and 43 (ECF No. 210). Pursuant to Federal
Rule of Civil Procedure 37 and D. Kan. Rules 37.1 and 37.2, Plaintiff asks the Court to order
Defendant Lawrence Memorial Hospital to produce triage notes in response to RFPs 40 and 43.
Defendant opposes the motion. As set forth below, the Court finds Plaintiff’s motion moot.
I.

Relevant Background
The relevant background concerning this dispute is set forth in the Court’s Memoranda

and Orders dated March 31, 2017 (ECF No. 157) and August 11, 2017 (ECF No. 223).
II.

Summary of the Parties’ Arguments
Plaintiff argues that Defendant withheld triage notes that are responsive to her Requests

for Production 40 and 43, and that she fully discussed the issue in her briefing in support of her
Motion to Compel Regarding Defendant’s Sample Produced in Response to Requests for
Production 40, 41, 43, and 58 (ECF No. 193).2 Plaintiff asserts she first learned of the existence
1

Because the United States declined to intervene in this qui tam action, the Court will refer to
Relator as Plaintiff.
2

The briefs in which Plaintiff discussed the triage notes are ECF Nos. 205 and 208.
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of the triage notes on June 23, 2017, when Defendant filed its opposition to Plaintiff’s Motion to
Compel. Out of an abundance of caution, Plaintiff has filed the instant motion in the event the
Court finds the triage notes constitute a sufficiently separate issue so as to require another
motion.
Defendant urges the Court to deny the motion on the ground that Plaintiff failed to meet
and confer prior to filing it, and on the merits because the triage notes are facially non-responsive
to Requests 40 and 43.
III.

Analysis
Plaintiff’s May 26 motion to compel (ECF No. 193) asked the Court for an order

compelling responses to her RFPs 40, 41, 43 and 58. Both parties discussed the triage notes in
connection with that motion,3 as well as in connection with Defendant’s motion to file a surreply in opposition to Plaintiff’s motion to compel.4 In its Memorandum and Order dated August
11, 2017 denying Plaintiff’s May 26 motion, the Court fully considered all issues—including the
triage notes—surrounding Defendant’s responses to RFPs 40, 41, 43 and 58. The Memorandum
and Order includes the following ruling therein: “The Court denies Plaintiff’s motion insofar as it
seeks to compel Defendant to provide additional documents responsive to RFPs 40, 41, 43 and
58.”5

3

See Defendant/Counterclaimant Lawrence Memorial Hospital’s Brief in Opposition to
Plaintiff’s Motion to Compel Regarding Defendant’s Sample Produced in Response to Requests
for Production 40, 41, 43 and 58 (ECF No. 202) at 9-12; Reply in Support of Plaintiff’s Motion
to Compel Regarding Defendant’s Sample Produced in Response to Requests for Production 40,
41, 43, and 58 (ECF No. 205).
4

See Relator’s Memorandum in Response to Defendant’s Motion for Leave to File Sur-Reply to
Relator’s Motion to Compel Regarding Defendant’s Sample Produced in Response to Requests
for Production 40, 41, 43, and 58 (ECF No. 208).
5

ECF No. 223 at 4.
2

Plaintiff filed the instant motion on July 24, 2017, or eighteen days before the Court ruled
on her motion to compel related to Requests for Production 40, 41, 43 and 58. While the Court
understands why Plaintiff filed the motion, the Court’s earlier ruling encompasses Plaintiff’s
request for an order compelling Defendant to produce triage notes in response to RFPs 40 and
43, thereby rendering Plaintiff’s motion moot.
IT IS HEREBY ORDERED that Relator’s Motion to Compel Production of Triage
Notes in Response to Requests for Production 40 and 43 (ECF No. 210) is moot.
Dated this 23rd day of August, 2017 at Kansas City, Kansas.

s/ Teresa J. James
Teresa J. James
U.S. Magistrate Judge

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