Murungi v. Touro Infirmary et al

Filing 137

Minute Order. Proceedings held before Magistrate Judge Alma L. Chasez: Motion Hearing held on 2/6/2013 re 130 MOTION to Quash. (lag, )

MINUTE ENTRY
CHASEZ, M.J.
FEBRUARY 6, 2013
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JAMES H. MURUNGI

CIVIL ACTION

VERSUS

NUMBER:

TOURO INFIRMARY, ET AL.

SECTION: "H"(5)

11-1823

HEARING ON MOTION
APPEARANCES:

Suzanne Risey, James Murungi

MOTION:
(1)

Defendants’ Motion to Quash (Rec. doc. 130).

:
:
1

Continued to
No opposition

:

Opposition

ORDERED
:
:

Dismissed for failure of counsel to appear.

:

Granted.

:
1

Dismissed as moot.

Denied.

:

Other:
Defendants are to provide plaintiff with dates in
the first two weeks in March when Touro, Margulis,

MJSTAR(00:55)

and Williams are available to be deposed.
The
deposition of Touro is to go forward in New
Orleans. Plaintiff’s deposition is to go forward
as scheduled on February 18, 2013.
The Court’s rulings set forth below correspond to
the areas of inquiry in Schedule B of plaintiff’s
R.30(b)(6) deposition notice to Touro:
No. 1:

Touro has agreed to produce a witness to
testify about the handbooks, etc. that
were
in
effect
during
plaintiff’s
employment.

No. 2:

Touro is to produce a witness to testify
to the documents that were in its
possession at the time they hired
Margulis and that are related to Margulis
herself.

No. 3:

Touro has agreed to make a witness
available to testify to the lack of any
race
discrimination
complaints
from
plaintiff during his employment.

No. 4:

Touro has agreed to produce a witness.

No. 5:

Touro is to produce a witness and any
complaints that may have been made to
Human Resources from February to December
of 2009.

No. 6:

granted.

No. 7:

Touro has agreed to produce a witness to
testify about the lack of drug diversions
related to Hankins in 2009.

No. 8:

granted.

Nos. 9, 10:
Touro has agreed to produce a
witness to testify to the reasons
Margulis was selected for the Clinical
Pharmacy Manager position.
No. 11:

Touro has agreed to produce a witness.

Nos. 12, 13:

Touro is
2

to produce a

witness who

can testify about any background checks
that were performed before Margulis and
Hankins were hired.
Nos. 14-17:
Touro
has agreed to produce a
witness
to
testify
about
relevant
policies.
No. 18:

same as the Court’s ruling on No. 2,
supra.

No. 19:

plaintiff may question the R.30(b)(6)
representative about the lack of drug
diversions related to Hankins in 2009 and
may file the appropriate motion as to any
questions that were improperly not
answered.

No. 20:

granted.

Nos. 21, 22:
Touro has agreed
to produce a
witness
to
testify
about
relevant
policies and about issues raised in this
lawsuit.
No. 23:

same as the Court’s ruling on No. 4,
supra.

No. 24:

granted.

No. 25:

plaintiff may question the R.30(b)(6)
representative about the role that
Hankins and Williams played in his
termination.

Nos. 26, 27:

granted.

Nos. 28, 29, 30:
witness.

Touro has agreed to produce

a

No. 31:

Touro has agreed to produce a witness to
testify about relevant policies.

No. 32:

Touro is to produce a witness to testify,
limited to 2009-2010 and plaintiff’s
position.

No. 33:

granted.
3

Nos. 34, 35:
Touro
witness.

has

agreed

to

produce

a

No. 36:

Touro has agreed to produce a witness to
testify about relevant policies.

No. 37:

Touro is to produce a witness, limited to
2009-2010 and clinical pharmacists.

No. 38:

granted.

No. 39:

Touro has agreed to produce a witness to
testify consistent with the Court’s prior
rulings.

No. 40:

Touro is to produce a witness.

No. 41:

in addition to what it has previously
provided and the witness it intends to
produce, any interview questions that
exist for Margulis are to be produced.

No. 42:

same as the Court’s ruling on No. 30,
supra.

No. 43:

Touro has agreed to produce a witness.

No. 44:

plaintiff may inquire about the retention
policy for any audio tapes of clinical
pharmacy meetings in 2009 and whether any
such audio tapes are still available.

No. 45:

Touro has agreed to produce a witness.

ALMA L. CHASEZ
UNITED STATES MAGISTRATE JUDGE

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