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

Filing 465

INTERIM ORDER re: 454 Notice (Other) filed by State Farm Mutual Automobile Insurance Company AND CANCELLING MAY 10, 2019 Hearing regarding DE 341 ONLY--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 Avern Cohn
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.
_________________________/
INTERIM ORDER REGARDING STATE FARM’S MAY 6, 2019 LETTER
REQUEST (DE 454), HOLDING STATE FARM’S MOTION TO COMPEL
JANET ROSENBERG TO PRODUCE DOCUMENTS RESPONSIVE TO

SUBPOENA (DE 341) IN ABEYANCE, AND CANCELLING MAY 10, 2019
HEARING REGARDING DE 341 ONLY
This matter is before the Court for consideration of State Farm Mutual
Automobile Insurance Company’s (State Farm) May 6, 2019 letter request for an
emergency telephone conference to require nonparty Janet Rosenberg to search for
responsive emails and text messages before the May 10, 2019 hearing on State
Farm’s motion to compel her to produce documents responsive to subpoena (DE
341). (DEs 454, 458.) A telephone status conference was held regarding this letter
request and State Farm’s motion on May 8, 2019, at which the Court entertained
oral argument.
Upon consideration of the letter request and oral argument, and for all of the
reasons stated on the record by the Court, which are hereby incorporated by
reference as though fully restated herein, State Farm’s motion to compel nonparty
Janet Rosenberg to produce documents responsive to subpoena (DE 341) is HELD
IN ABEYANCE. Nonparty Janet Rosenberg is ORDERED to complete and
submit the online Google (or Gmail) form(s) for the two “deactivated” email
accounts identified on the record ([e-mail] and
[e-mail]) on or before May 17, 2019, requesting to recover or
restore those two accounts. Counsel for State Farm and Rosenberg are thereafter
directed to confer as to the results of that request and then seek a conference to
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inform the Court as to whether State Farm intends to go forward with its motion to
compel (DE 341). The hearing on State Farm’s motion to compel (DE 341)
currently scheduled for May 10, 2019 at 1:30 p.m. is CANCELLED.
IT IS SO ORDERED.
Dated: May 9, 2019

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 May 9, 2019, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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