United States of America et al v. Bozeman Health Deaconess Hospital et al
ORDER denying 220 Motion for Leave to Submit Additional Deposition TranscriptsUnder Seal. Signed by Judge Sam E Haddon on 3/8/2018. (ASG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MAR O8 2018
Cler1<, U.S. District Court
District Of Montana
UNITED STATES OF AMERICA EX
REL. FRANK M. REMBERT AND
MICHAEL R. PARADISE,
No. CV 15-80-BU-SEH
BOZEMAN HEAL TH DEACONESS
HO SPITAL D/B/A BOZEMAN
IMAGING, LLC D/B/A ADVANCED
Relators Frank M. Rembert and Michael R. Paradise ("Relators") moved to
Submit Additional Deposition Transcripts Under Seal 1 in which is stated:
Pursuant to Local Rule 7.1, the undersigned
certifies that he has inquired of the Defendants about
their position. Specifically, he sent a copy of it to
defense counsel before filing it. Defendants indicate
they oppose the motion.
Defendants also asked Relators to inform the court
that "Relators have refused to meet and confer about the
motion, including refusing to answer the following
questions from Defendants: What excerpts do Relators
intend to file? For what purpose? Would Relator's
agree that Defendants can file a response?"
But, the text of the motion that Relators sent to
defendants answered all those questions, showing that:
the entire transcripts would be filed; the purpose is to
give the Court access to the transcripts in deciding the
prior motion (Doc. 164); and both sides would get the
same opportunity to designate portions of the transcripts
they request that the Court review. 2
On March 8, 2018, Defendants' Opposition to Relators' Motion for Leave
to Submit Additional Deposition Transcripts Under Seal (Doc. 220) was filed.
That opposition statement recites "Relators' Local Rule 7.1 Certification shows
that Relators have failed to meet and confer with Defendants."3
Relators' Motion for Leave to Submit Additional Deposition Transcripts
Under Seal4 and the relief requested in Relators' Brief in Support of Motion for
Doc. 220 at 3.
Doc. 224 at 4.
Leave to Submit Additional Deposition Transcripts Under Seal and Request for
Expedited Consideration5 are DENIED.
The discovery issues presented to the Court in Docket Numbers 162, 164
and 169 and referred to Magistrate Judge Jeremiah C. Lynch for disposition are
not demonstrated to be the same or substantially similar to issues, if any, that may
arise with respect to the depositions of Gordon Davidson and Liz Lewis.
Justification for alteration or abandonment of customary motion and briefing
procedures and scheduling provided by the rules of this district have not been
shown to be present. If Relators seek to raise discovery issues concerning the
depositions of Gordon Davidson and Liz Lewis, or either of them, they may file an
appropriate motion and supporting brief. Defendants will be entitled to file a brief
in response to such a motion. Relators may file a reply. The Court will take up
and address any motion s presented when appropriate to do so.
DATED this_()_ day of March, 2017.
United States District Judge
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