United States of America v. State of Louisiana et al

Filing 253

RULING AND ORDER granting in part and denying in part 247 MOTION for Protective Order filed by Louisiana Department of Children and Family Services, Louisiana Department of Health and Hospitals. The Defendant's Response to the United States' 248 Motion to Compel must be filed by 6/12/2015. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 6/8/470. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
UNITED STATES
OF AMERICA

CIVIL ACTION

VERSUS

NO. 11-470-JWD-RLB

STATE OF LOUISIANA AND
LOUISIANA DEPARTMENT OF
HEALTH AND HOSPITALS, et al.

RULING AND ORDER ON DEFENDANTS’ MOTION FOR PROTECTIVE ORDER

Before the Court is a Motion for Protective Order (R. Doc. 247) filed by Defendants, the
Louisiana Department of Children and Family Services (DCFS) and the Louisiana Department of
Health and Hospitals (DHH). Defendants filed their Motion in an effort to comply with this
Court’s May 22, 2015 Order (R. Doc. 244) on the United States’ Motion to Compel (R. Doc.
227).
In that Order, the Court instructed the parties to file Motions addressing any issues over
those documents listed in the Claw-Back Privilege Log that are still being withheld by DHH and
DCFS. (R. Doc. 244 at 3). The Court further instructed the parties that any Motions should
include sealed copies of each document at issue and “specifically set forth the party’s position
regarding each individual document.” (R. Doc. 244 at 3).
In their Motion for Protective Order, Defendants explain that they are unaware whether
the United States “continues to dispute Defendants’ remaining claims of privilege.” (R. Doc. 247
at 1-2). So as a precautionary measure, Defendants seek “an order shielding from disclosure [all

of the] documents that are still being claimed as privileged.” (R. Doc. 247 at 1). Defendants,
however, did not provide sealed copies of those documents or individually address each of those
documents. Otherwise, Defendants ask the Court for 14 days to respond to any supplemental
Motion to Compel that might be filed by the United States.
Following Defendants’ Motion for Protective Order, the United States filed a
supplemental Motion to Compel (R. Doc. 248). In its Motion, the United States only moves the
Court to compel production of 6 of the remaining documents being withheld by DHH and DCFS.
Because only 6 of the withheld documents are still in dispute, and Defendants have not
addressed each of these remaining documents at issue,
IT IS ORDERED that Defendants’ Motion for Protective Order is DENIED to the
extent it seeks an Order protecting all of those documents described in the Claw-Back Privilege
Log that are still being withheld by DHH and DCFS. Defendants will be given an opportunity to
respond to the Motion to Compel and support their claims of privilege over those 6 documents.
After the matter is fully briefed, the discoverability of those 6 documents will be addressed by
the Court in connection with the United States’ Motion to Compel.
IT IS FURTHER ORDERED that Defendants’ Motion for Protective Order (R. Doc.
247) is GRANTED to the extent Defendants request 14 days to respond to the United States’
Motion to Compel. And so, Defendants’ response to the United States’ Motion to Compel (R.
Doc. 248) must be filed by June 12, 2015.
Signed in Baton Rouge, Louisiana, on June 8, 2015.

S

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE