United States of America et al v. Bozeman Health Deaconess Hospital et al

Filing 97

ORDER re 95 Stipulation filed by Michael R. Paradise, Intercity Radiology, Frank M. Rembert. ORDERED: 1. ICR will Produce the five documents identified in Relators' Motion for Determination of privilege Claim to all parties in this case. 2. ICR may not object, on privilege grounds, to any party asking witness questions related to these five documents or the creation of the Deaconess-InterCity Imaging joint venture that is the subject of this case. 3. By stipulating to the use of these documents, ICR does not waive its attorney-client or work product privileges as to any other documents, and the stipulated use of these documents is not and should not be construed as a general or specific waiver of the attorney-client or work product privileges. 4. Relators' agreement does not waive their right to seek a determination as to privilege or waiver pertaining to any other documents on the same subject matter (the creation of the Deaconess-InterCity Imaging joint venture that is the subject of this case) at a later date and as may be necessary. 5. Relators' Motion for Determination of privilege Claim is deemed WITHDRAWN. Signed by Judge Sam E Haddon on 6/7/2017. (ELL)

FILED
JUN 07 2017
Clerk, U.S. District Court
District Of Montana
Helena

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
UNITED STATES OF AMERICA EX
REL. FRANK M. REMBERT AND
MICHAEL R. PARADISE,

No. CV 15-80-BU-SEH

Relaters,
vs.

ORDER

BOZEMAN HEAL TH DEACONESS
HOSPITAL D/B/A BOZEMAN
HEALTH, and
DEACONESS-INTERCITY
IMAGING, LLC D/B/A ADVANCED
MEDICAL IMAGING,
Defendants.
By stipulation between Relaters Frank M. Rembert and Michael R. Paradise
and non-party Intercity Radiology, P.C. ("ICR"),
ORDERED:
1.

ICR will produce the five documents identified in Relaters' Motion

for Determination of Privilege Claim 1 to all parties in this case.

1

Doc. 18.

2.

ICR may not object, on privilege grounds, to any party asking

witnesses questions related to these five documents or the creation of the
Deaconess-InterCity Imaging joint venture that is the subject of this case.
3.

By stipulating to the use of these documents, ICR does not waive its

attorney-client or work product privileges as to any other documents, and the
stipulated use of these documents is not and should not be construed as a general
or specific waiver of the attorney-client or work product privileges.
4.

Relators' agreement does not waive their right to seek a determination

as to privilege or waiver pertaining to any other documents on the same subject
matter (the creation of the Deaconess-InterCity Imaging joint venture that is the
subject of this case) at a later date and as may be necessary.
5.

Relators' Motion for Determination of Privilege Claim2 is deemed

WITHDRAWN.

DATED this

-1-6

1'i:;of June, 2017.

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United States District Judge

2

Doc. 18.
-2-