In re Gulf States Long Term Acute Care of Covington, L.L.C.

Filing 618

ORDER AND REASONS re 524 MOTION to Compel Compliance with Subpoenas to BSW/Greg Frost, Including Production for Inspection and Copying of Documents and Electronically Stored Information and Deposition Testimony Called for by Subpoenas filed by Sodexo Operations, L.L.C. Signed by Magistrate Judge Michael North.(Reference: All cases)(lag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
IN RE GULF STATES
LONG TERM ACUTE CARE
OF COVINGTON, L.L.C.

CIVIL ACTION
NUMBER: 11-1659
c/w 13-0508

DAVID W. ADLER,
DISBURSING AGENT

SECTION: "H"(5)

VERSUS
GREGORY M. WALKER, ET AL.
ORDER AND REASONS
The Court, having considered the law, the parties’ original and supplemental
submissions, and the arguments advanced by counsel during the course of the hearings
held on April 16, 2014 and May 14, 2014, hereby rules on Sodexo’s/Plaintiff’s Motion for
Order Compelling Compliance With Subpoenas (rec. doc. 524), as follows:
Exhibit “A” to the Notice of Records Depositions to Gregory Frost and Breazeale,
Sachse & Wilson is modified by deleting category Nos. 2, 18, 28, 31, and 32. Category No.
6(e) is limited to the financial institutions that are specifically named; Category No. 21 is
modified by deleting the terms “... pertaining or ...”; and Category No. 27 is modified by
deleting the terms “... including those ... .” The documents responsive to Category No. 19

shall be produced unless Frost/BSW can provide a list identifying the enumerated
individuals in lieu of production. Category No. 34 has been withdrawn by Sodexo/Plaintiff.
Regarding the scope of the request set forth in Category No. 36, as discussed at the May 14
Hearing, responsive documents shall include those in the nature of any “outreach or
marketing to potential investors.”
Subject to the foregoing, Frost/BSW shall, within forty-five (45) days, marshal the
documents responsive to Exhibit “A” and make them available for inspection by counsel for
Sodexo and Plaintiff, who may thereafter designate those documents that they wish to have
copied at their expense and with no expense to Frost/BSW. The cost of marshalling the
responsive documents (including identification and segregation of documents Frost/BSW
believe are privileged) shall be borne by Frost/BSW (50%), Sodexo (25%) and Plaintiff
(25%).
Regarding any documents as to which Frost/BSW object to producing on the basis
of privilege, those documents are to be duly identified in a proper privilege log which
includes, inter alia, the identity(s) of the party(s)/entity(s) on whose behalf a privilege is
being asserted and a description of the document(s) that comports with Rule 45 of the
Federal Rules of Civil Procedure. A copy of the privilege log is to be furnished to the parties
and to the Court within 45 days of this Order and the withheld documents themselves are
to be provided to the Court for purposes of an in camera inspection. The cost of copying
any documents provided to the Court for in camera inspection pursuant to this Order is to
be borne by Sodexo and Plaintiff on an equal basis.

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The documents that are marshalled and are subject to the foregoing inspection
protocol shall cover the time period commencing on May 1, 2008 and ending on a date that
is to be agreed upon by counsel.
Finally, as to the notice of the Rule 30(b)(5)/(6) deposition of BSW that is
contemplated by Plaintiff, Plaintiff’s counsel is to ensure that any document request issued
in connection with such Notice is in no way duplicative of the requests set forth in the
above-referenced subpoena issued by Sodexo and modified hereinabove by the Court.
Hello This is a Test
New Orleans, Louisiana, this 16th day of

May

, 2014.

MICHAEL B. NORTH
UNITED STATES MAGISTRATE JUDGE

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