State Farm Mutual Automobile Insurance Company v. Elite Health Centers Inc. et al

Filing 111

ORDER granting in part and denying in part 91 Motion to Compel; granting in part and denying in part 92 Sealed Motion--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff, Case No. 2:16-cv-13040 District Judge Sean F. Cox Magistrate Judge Anthony P. Patti v. ELITE HEALTH CENTERS, INC., ELITE CHIROPRACTIC, P.C., ELITE REHABILITATION, INC., MIDWEST MEDICAL ASSOCIATES, INC., PURE REHABILITATION, INC., DEREK L. BITTNER, D.C., P.C., MARK A. RADOM, DEREK LAWRENCE BITTNER, D.C., RYAN MATTHEW LUKOWSKI, D.C., MICHAEL P. DRAPLIN, D.C., NOEL H. UPFALL, D.O., MARK J. JUSKA, M.D., SUPERIOR DIAGNOSTICS, INC., CHINTAN DESAI, M.D., MICHAEL J. PALEY, M.D., DEARBORN CENTER FOR PHYSICAL THERAPY, L.L.C., MICHIGAN CENTER FOR PHYSICAL THERAPY, INC., and JAYSON ROSETT Defendants. _________________________/ ORDER GRANTING IN PART STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY’S MOTION TO COMPEL DEREK BITTNER AND MARK RADOM TO PROUCE DOCUMENTS RESPONSIVE TO ITS DISCOVERY REQUESTS (DE 91, 92)     This matter is before the Court for consideration of Plaintiff State Farm Mutual Automobile Association’s motion to compel Derek Bittner and Mark Radom to produce documents responsive to its discovery requests (DE 91, 92), Defendants Derek Bittner and Mark Radom’s response (DE 94), State Farm Mutual’s reply (DE 96, 97), and State Farm Mutual’s Statement of Unresolved Issues (DE 106). Judge Cox referred this motion for hearing and determination (DE 93), and a hearing was noticed for March 8, 2018. On the date set for hearing, attorney Peter Joelson appeared in my courtroom and attorney Michael Rosensaft appeared by telephone, and the Court entertained oral argument regarding the unresolved issues. Upon consideration of the motion papers, stipulations placed on the record and oral argument of counsel, and for all of the reasons stated on the record by the Court, which are herein incorporated by reference, Plaintiff’s motion to compel (DE 91, 92), as narrowed by the March 5, 2018 statement of unresolved issues (DE 106), is GRANTED IN PART as follows: 1. Request No. 13 to Radom, regarding federal and state income tax returns and related documents from 2010 to the present: Radom has produced requested documents for the 2014 and 2015 calendar years, but states that he has no other responsive documents in his possession. He also has executed an authorization so that State Farm Mutual can seek his personal tax return information from the IRS. In addition, 2     Radom shall contact his accountant(s) within five (5) days, instruct them to produce, forthwith, all documents responsive to Request No. 13, and certify that contact to Plaintiff’s counsel. Radom agrees that he will not object to a subpoena served on his accountant(s) for the requested information, and he shall execute any release required by the accountant(s) prior to production of the requested documents within five (5) days of a written request for such release. 2. Request No. 12 to Bittner and Radom, regarding electronic Quickbook versions of general ledgers: Bittner and Radom have produced a paper copy of the requested files, and shall produce Quickbook versions of their general ledgers in native/electronic format by March 22, 2018. 3. Request Nos. 7, 8, 15, 18, 21, 24-26, 31, 33, and 35 to Bittner and Radom, regarding electronic communications: Defendants Bittner and Radom have engaged a third party vendor to search for and collect responsive electronic communications, and shall produce responsive, non-privileged electronic communications by April 16, 2018. To the extent possible, Defendants shall produce such electronic communications on a rolling basis, as they become available, subject to any necessary privilege review. Finally, as stated on the record, the Court declines to award costs to either side, because both sides’ positions were substantially justified, the issues required rulings from the Court, and the statement required by Local Rule 7.1(a)(2) was incomplete. IT IS SO ORDERED. Dated: March 8, 2018 s/Anthony P. Patti Anthony P. Patti UNITED STATES MAGISTRATE JUDGE 3     Certificate of Service I hereby certify that a copy of the foregoing document was sent to parties of record on March 8, 2018, electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti 4  

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