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

Filing 633

ORDER DENYING without Prejudice 496 Motion to Compel; denying 497 Motion to Seal; denying 532 Motion for Sanctions; denying 533 Motion to Seal; denying 582 Motion to Compel--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 DENYING WITHOUT PREJUDICE VARIOUS MOTIONS
(ECF Nos. 496, 497, 532, 533, 582)

All discovery matters have been referred to me for hearing and
determination. (ECF No. 229.) Currently before the Undersigned for
consideration are: (1) State Farm Mutual’s June 3, 2019 Motion To Compel Mark
Radom To Produce Documents Withheld As Privileged In Response To Subpoena
To Giarmarco, Mullins & Horton, P.C. (ECF No. 496); (2) State Farm Mutual’s
June 3, 2019 Motion To File Documents Under Seal (ECF No. 497); (3) State
Farm Mutual’s July 1, 2019 Motion For Sanctions Against The Elite Defendants
(ECF No. 532); (4) State Farm Mutual’s July 1, 2019 Motion To File Documents
Under Seal (ECF No. 533); and (5) Defendant Chintan Desai M.D.’s July 30, 2019
Motion And Supporting Brief To Compel Plaintiff To Respond To Desai’s May
14, June 1, And June 5, 2019 Requests For Production Of Documents (ECF No.
582).
At various points, these motions were noticed for hearing. (See, e.g., ECF
Nos. 576, 604, 617, 620.) However, on October 30, 2019, the Court was informed
that “[t]he parties have reached a tentative settlement agreement, and counsel are
working on documenting this agreement.” (ECF No. 626 ¶ 4.) This same
representation was again made on November 26, 2019. (ECF No. 632 ¶ 4.) Given
the age of these motions, the posture of this case, and the Court’s desire to manage
its docket, the motions (ECF Nos. 496, 497, 532, 533, 582) are DENIED

2

WITHOUT PREJUDICE. The movants may re-file these motions in the event
the settlement agreement does not materialize.
IT IS SO ORDERED.
Dated: November 27, 2019

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

3