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

Filing 467

ORDER re: 462 Notice (Other), filed by Elite Health Centers Inc., Michael P Draplin, Derek Lawrence Bittner, Mark A Radom, Mark J Juska, Superior Diagnostic, Inc., Derek L Bittner D.C., P.C., Elite Chiropractic, P.C., Ryan Matthew Lukowski, Elite Rehabilitation, Inc., Midwest Medical Associates, Inc., Noel H. Upfall --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.
_________________________/
ORDER REGARDING THE ELITE DEFENDANTS’ LETTER REQUEST
TO FILE A MOTON TO COMPEL THE CONTINUED DEPOSITION OF
STATE FARM’S 30(b)(6) WITNESS (DE 462)

This matter is before the Court for consideration of the Elite Defendants’
May 8, 2019 letter request to file a motion to compel the continued deposition of
State Farm’s Rule 30(b)(6) witness (DE 462), Defendants Paley’s and Desai’s
concurring letter requests (DEs 463, 464), and Plaintiff State Farm Mutual
Automobile Insurance Company’s (State Farm) letter response in opposition (DE
466). These letter requests were addressed at a hearing held on May 10, 2019, at
which the Court entertained oral argument.
Upon consideration of the letter requests 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, the Court DENIES Defendants’ requests
to file a motion to compel the continued deposition, but GRANTS the relief
requested in those letter requests that the deposition of State Farm’s 30(b)(6)
witness be continued, as follows:
1. The parties are DIRECTED to cooperatively schedule the continuation of
the deposition of State Farm’s 30(b)(6) witness at a mutually agreeable date
and time, on or before June 7, 2019.
2. The deposition shall be a video deposition.
3. Defendants may depose State Farm’s 30(b)(6) witness for up to an additional
eight (8) hours of actual deposition time (i.e., time when the witness is
under oath and testifying), allocated as follows:
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 Defendant Paley shall proceed first and may take up to four (4)
hours.
 The remaining defendants shall proceed next and may take up
to four (4) hours, divided among them.
 If any defendant uses less that its allotted time, that defendant
can choose to yield its remaining time to other defendants or
reserve it for follow-up questions after the other defendants
have taken testimony.
4. If State Farm chooses to ask any questions of its 30(b)(6) witness after all
defendants have completed their questioning of the witness, Defendants’
counsel should be afforded a reasonable amount of time to re-cross-examine
the witness, beyond the above eight-hour time limit.
IT IS SO ORDERED.
Dated: May 10, 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 10, 2019, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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