Kennedy v. Allstate Insurance Company
Filing
27
ORDER GRANTING, as amended, 14 Motion for Order to Show Cause. and Requiring non-parties to comply with subpoenas and Striking Plaintiff's Response 26 --Signed by Magistrate Judge Anthony P. Patti. (MWil)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LEON KENNEDY,
Plaintiff,
v.
Case No. 5:17-cv-11867
District Judge John Corbett O’Meara
Magistrate Judge Anthony P. Patti
ALLSTATE INSURANCE
COMPANY,
Defendant.
_________________________/
ORDER (A) GRANTING, AS AMENDED, DEFENDANT’S MOTION FOR
ORDER TO SHOW CAUSE (DE 14), (B) REQUIRING NON-PARTIES
ROSE PAIN MANAGEMENT AND ADVANCED CENTRAL LABS TO
COMPLY WITH SUBPOENAS, and (C) STRIKING PLAINTIFF’S
RESPONSE (DE 26)
Currently before the Court is Defendant’s January 22, 2018 motion for order
to show cause why Rose Pain Management and Advanced Central Labs
(hereinafter sometimes jointly referred to as “providers”) should not be found in
contempt of court for failure to comply with subpoenas duces tecum. (DE 14.)
Judge O’Meara has referred this motion to me for hearing and determination, and a
hearing was noticed for March 6, 2018. (DEs 15, 17.)
Meanwhile, on January 25, 2018, I entered onto the docket the following,
text-only order:
Defendant is HEREBY ORDERED to serve copies of the pending
Motion for Order to Show Cause (DE 14) and this Court's Notice of
Hearing (DE 17), along with a copy of this text order, upon nonparties Rose Pain Management and Advanced Central Labs. Within
14 days of this order, Defendant shall file a Certificate of Service with
the Court, certifying that service of these three items upon the nonparties has been achieved. At the hearing scheduled for March 6,
2018, Rose Pain Management and Advanced Central Labs SHALL
APPEAR and SHALL SHOW CAUSE why they should not be held
in contempt for failing to comply with the identified subpoenas issued
by this Court. ALL COUNSEL OF RECORD FOR PLAINTIFF
SHALL likewise appear at the show cause hearing to: (a) sort out the
issue of who is actually representing Plaintiff; (b) address the status of
this case; and, (c) discuss Defendant's prior request for costs and
attorneys[’] fees, as addressed in the Court's previous order
compelling discovery (DE at 4)[.]
(Emphasis added.) On January 29, 2018, defense counsel filed a related
certificate of service. (DE 20.)
On March 5, 2018 – several weeks tardy under E.D. Mich. LR
7.1(e)(2) and only one day before the scheduled hearing – Plaintiff filed a
response, which “respectfully” asked the Court “to give these providers
more time to produce these records[,]” and to deny the motion at bar. (DE
26.) Notably, the response provides no reasons why more time should be
given to the providers. In any case, this filing will be STRICKEN from the
record as late.
On the date set for hearing, defense counsel (attorney Dylan M.
Beadle) appeared in my courtroom. Despite having been served with the
notice of hearing, neither Rose Pain Management nor Advanced Central
2
Labs appeared.1 Moreover, contrary to the express terms of my text-order,
counsel of record for Plaintiff did not appear.
Upon consideration, Defendant’s motion (DE 14) is GRANTED, as
amended at the hearing. In accordance with defense counsel’s proposed
resolution, non-parties Rose Pain Management and Advanced Central Labs
are hereby ORDERED to produce the documents sought in the subpoenas at
issue here no later than Friday, April 6, 2018. Lest there be any confusion,
the document production request/subpoenas at issue were addressed to Rose
Pain Management and Complete Billing Services,2 were executed on
December 5, 2017, and sought compliance by December 19, 2017. (DEs 142, 14-3.) Moreover, the non-parties SHALL provide verification statements
attesting that the records provided are the complete copies of all requested
documents, including a page count and named custodian of record
personnel. Failure to comply with this Order shall: (a) preclude Rose Pain
Management and/or Advanced Central Labs from recovering their bills /
damages from Defendant Allstate or Plaintiff Leon Kennedy relative to any
1
During the March 6, 2018 hearing, defense counsel explained that the attempt at
service upon Rose Pain Management was returned to sender, as it was not “picked
up,” and the attempt at service upon Advanced Central Labs was successful,
having been signed for on January 31, 2018.
2
According to Defendant, Advanced Central Labs is also known as Complete
Billing Services. (See DE 14 at 2, DE 14-3.)
3
services provided to Plaintiff Leon Kennedy; (b) preclude Plaintiff from
admitting any of the subpoenaed documents from these providers regarding
Plaintiff Leon Kennedy into evidence; and (c) result in any such bills or
subpoenaed documents from these providers being stricken from the record
of this case. See, e.g., Hemphill v. Allstate, Case No. 2:16-cv-13990-ACEAS (E.D. Mich. Nov. 1, 2017).
Finally, Defendant SHALL serve copies of this order upon Rose Pain
Management and Advanced Central Labs, each, in three ways: (a) by regular mail;
(b) by certified or return receipt mail; and, (c) by tacking copies of same on the
entrance doors of their facilities, after which Defendant shall file an appropriate
certificate of service with the Court, forthwith.
IT IS SO ORDERED.
Dated: March 7, 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 March 7, 2018, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti
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