Progressive Healthcare Solutions v. United Healthcare Services

Filing 28

MEMORANDUM RULING re 20 Motion to Compel, Motion for Attorney Fees. The motion to compel is DENIED as premature without prejudice to the plaintiff's right to re-urge the motion once the administrative files are produced and reviewed. Upon t he completion of the tasks herein, counsel are to contact the chambers of the undersigned to schedule a Rule 16 conference and be prepared to discuss a joint discovery plan of work. Signed by Magistrate Judge Patrick J Hanna on 4/27/2018. (crt,Alexander, E)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

PROGRESSIVE HEALTHCARE
SOLUTIONS

CASE NO. 6:17-CV-01176

VERSUS

UNASSIGNED DISTRICT JUDGE

UNITED HEALTHCARE
SERVICES

MAGISTRATE JUDGE HANNA

MEMORANDUM RULING
Pending before the Court is plaintiff’s Motion to Compel Answers to
Interrogatories {rec. Doc. 20} which is opposed by the defendant. [Rec. Doc. 22].
Both sides seek attorney’s fees. The Court rules that all requested relief is DENIED
and enters the following orders.
The Court warns these parties at the outset that the tone and tenor of the
various e-mail exchanges will not be tolerated. The plaintiff should not have brought
this motion without engaging in a proper Rule 37 conference.
The motion to compel is DENIED as premature without prejudice to the
plaintiff’s right to re-urge the motion once the administrative files are produced and
reviewed, and if that does not resolve the plaintiff’s objections, and a proper Rule
37 conference is unsuccessful, then and only then may a new motion to compel be
filed.

Within 5 business days, the plaintiff is ORDERED to review the Proposed
Protective Order and provide defense counsel with any suggested changes. If the
parties cannot agree on a Stipulated Protective Order, counsel for defendant shall
provide a red-line version to the Court for execution without a designation as a
“stipulated” protective order within 3 business days.
Once the Protective Order is executed by the parties and/or the Court, IT IS
ORDERED that the defendant will provide the administrative files to the plaintiff
within 5 business days.
To the extent the defendant considers any material that would be responsive
to the plaintiff’s discovery requests privileged, and potentially not discoverable
under Rule 26, the defendant is ORDERED to produce a privilege log compliant
with Rule 26(b)(5) at the time the administrative files are produced.
Upon the completion of these tasks, counsel are to contact the chambers of
the undersigned to schedule a Rule 16 conference and be prepared to discuss a joint
discovery plan of work.
THUS DONE in Chambers on this 27th day of April, 2018.

Patrick J. Hanna
United States Magistrate Judge