Hoops v. Medical Reimbursements of America, Inc. et al
MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Plaintiff's motion to quash Defendant Mercy Hospitals East Communities' Subpoena to Theresa Appelbaum is DENIED without prejudice, pursuant to Local Rule 37-3.04(A). ECF No. 85 . Signed by District Judge Audrey G. Fleissig on 7/28/2017. (NEB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
MEDICAL REIMBURSEMENTS OF
AMERICA, INC. and MERCY
HOSPITALS EAST COMMUNITIES,
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion (ECF No. 85) to quash
Defendant Mercy Hospitals East Communities’ subpoena for documents, directed to
Plaintiff’s expert, attorney Theresa Appelbaum, to the extent the subpoena requests
Appelbaum’s files and correspondence concerning billing for clients involved in
motor-vehicle accidents who received medical treatment and had both commercial health
insurance and automobile insurance medical-payments coverage. Plaintiff asserts that the
documents at issue contain information protected by the attorney-client privilege, as well
as private client health information.
The motion will be denied without prejudice, pursuant to Local Rule 37-3.04(A),
which states that the Court will not consider any motion related to discovery and disclosure
unless the motion contains a statement that movant’s counsel has conferred in person or by
telephone with the opposing counsel in good faith or has made reasonable efforts to do so,
but that after sincere efforts to resolve their dispute, counsel are unable to reach an accord.
See also Boaz v. FE Express, LLC, No. 4:15-CV-1271 CAS, 2016 WL 2733121, at *2
(E.D. Mo. May 11, 2016) (“None of the motions to quash [subpoenas duces tecum] include
a certification that defendant’s counsel in good faith conferred or attempted to confer with
plaintiff’s counsel concerning the subpoenas. As a result, defendant failed to comply with
Local Rule 3.04(A).”). Pursuant to Rule 3.04(A), the statement must recite the date, time,
and manner of such conference, and the names of the individuals participating therein, or
must state with specificity the efforts made to confer with opposing counsel.1
IT IS HEREBY ORDERED that Plaintiff’s motion to quash Defendant Mercy
Hospitals East Communities’ Subpoena to Theresa Appelbaum is DENIED without
prejudice, pursuant to Local Rule 37-3.04(A). ECF No. 85.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 28th day of July, 2017.
The Court also notes that Plaintiff’s motion provides no information regarding the
volume of discovery involved, the burden of redacting such information to protect any
privileged information, or the need for additional protection of confidential information
beyond the Stipulated Protective Order agreed to by the parties and entered by the Court
(ECF Nos. 48-1 & 51).
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