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

Filing 89

ORDER DENYING 84 Motion to Quash--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 OVERRULING DEFENDANT NOEL H. UPFALL, D.O.’S OBJECTION TO STATE FARM’S SUBPOENA ISSUED TO FIFTH THIRD BANK AND DENYING MOTION TO QUASH AND FOR PROTECTIVE ORDER (DE 84) On or about November 28, 2017, Plaintiff State Farm Mutual Automobile Insurance Company (“State Farm”) issued a subpoena to Fifth Third Bank, requesting bank records concerning Noel Upfall, D.O., P.C., and Noel H. Upfall Revocable Trust, both of which are closely related to or under the control of Defendant Noel. H. Upfall, D.O. (DE 84-2.) Currently before the Court is Defendant Noel. H. Upfall, D.O.’s December 12, 2017 objection to State Farm’s subpoena issued to Fifth Third Bank and motion to quash and for protective order, and Plaintiff State Farm’s response. (DEs 84, 87, 88). Judge Cox referred this motion to me on December 19, 2017 (DE 85), and a hearing was noticed for January 9, 2018. (DE 86). On the date set for hearing, attorneys Peter Joelson, Michael Rosenaft, and Hillary Eagan appeared in my courtroom, and the Court entertained oral argument. Upon consideration of the motion papers and oral argument of counsel, and for all of the reasons stated on the record, which are herein incorporated by reference, Defendant Noel H. Upfall, D.O.’s objection to the above-referenced subpoena is OVERRULED and the motion to quash and for protective order (DE 84) is DENIED. Nothing in this Order precludes Defendant Noel H. Upfall, D.O., from designating any portion of the production made under the subpoena to Fifth 2   Third Bank as “Confidential” under the existing protective order (DE 82), nor does it preclude Plaintiff State Farm from challenging such designation. IT IS SO ORDERED. Dated: January 9, 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 January 9, 2018 electronically and/or by U.S. Mail. s/Michael Williams Case Manager for the Honorable Anthony P. Patti   3  

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