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

Filing 130

ORDER GRANTING DEFENDANTS' UNOPPOSED 116 Motion to Take Deposition from RAMASAMI GUNABALAN--Signed by Magistrate Judge Anthony P. Patti. (MWil)

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 DEFENDANTS’ UNOPPOSED MOTION FOR
LEAVE TO TAKE DEPOSITION OF RAMASAMI GUNABALAN
PURSUANT TO FED. R. CIV. P. 30(a)(2)(B) (DE 116)

A.

Procedural Background
This matter is before the Court for consideration of Defendants’ motion for

leave to take deposition of Ramasami Gunabalan pursuant to Fed. R. Civ. P.
30(a)(2)(B), filed on March 23, 2018.

(DE 116.)

The motion was filed by

Defendants Elite Health Care Centers, Inc., Elite Chiropractic, P.C., Elite
Rehabilitation, Inc., Midwest Medical Associates, Inc., Pure Rehabilitation, Inc.,
Derek L. Bittner, D.C., P.C., Ryan Matthew Lukowski, D.C., Michael P. Draplin,
D.C., Mark J. Juska, M.D., Superior Diagnostics, Inc., Derek Lawrence Bittner,
D.C., Noel Upfall and Mark A. Radom. Defendants stated in their motion that
concurrence with the relief requested was sought from all counsel of record and
that “[c]ounsel for State Farm stated that State Farm does not oppose this motion.”
(Id. at 2.)

However, because it was not clear from the motion whether all

defendants join in or agree with the motion (Defendants Chintan Desai, M.D.,
Michael J. Paley, M.D., Dearborn Center for Physical Therapy, LLC, Michigan
Center for Physical Therapy, Inc., and Jayson Rosett did not expressly join in filing
the motion), the Court entered a text-only order on April 2, 2018, directing any
party opposing the motion (DE 116) to file a response on or before April 9, 2018,
or the motion would be treated as unopposed. (Text-only order, April 2, 2018.)
On April 9, 2018, Defendant Chintan Desai, M.D. filed his concurrence and

2

joinder in the motion (DE 122). No other party filed a response. Defendants’
motion therefore will be treated as unopposed.
B.

Defendants’ Motion
Defendants seek leave from the Court, pursuant to Fed. R. Civ. P.

30(a)(2)(B), to take the deposition of Dr. Ramasami Gunabalan, who is currently
incarcerated in the Federal Bureau of Prisons at FMC Lexington. Defendants
explain that Dr. Gunabalan provided an affidavit to Plaintiff State Farm in which
he made “serious allegations” against Defendants and other individuals, and that
State Farm has attached this affidavit “or other communications purportedly to or
from” Dr. Gunabalan, to several pleadings. Because Dr. Gunabalan is not
scheduled for release from prison until December of 2018, after the close of
discovery, Defendants are unable to obtain testimony or information from Dr.
Gunabalan without leave from the Court.
C.

Order
Federal Rule of Civil Procedure 30(a)(2)(B) requires leave of court to take

the deposition of an incarcerated individual, and states that leave must be granted
“to the extent consistent with Rule 26(b)(1) and (2).” Having considered
Defendants’ unopposed motion, it is GRANTED. Defendants may depose Dr.
Gunabalan in accordance with the Federal Rules of Civil Procedure and the
procedures and requirements of the Federal Bureau of Prisons. The deposition of
3

Dr. Gunabalan must take place at a date and time as agreed on by the parties and
the correctional facility, and may occur either in person, by telephone, or via video
teleconference, at Defendants’ option and consistent with the requirements and
needs of Dr. Gunabalan’s place of incarceration. To the extent necessary, the court
reporter may bring any needed stenographic equipment into the prison, and counsel
for the parties will be permitted to bring any papers necessary for the deposition.

IT IS SO ORDERED.
Dated: April 19, 2018

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

Certificate of Service
I hereby certify that a copy of the foregoing document was sent to parties of record
on April 19, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

4