Faure v. Community Health Systems, Inc., et al

Filing 351

ORDER by Chief Magistrate Judge Karen B. Molzen granting in part and denying in part 272 Plaintiff's Motion for Entry of Order Regarding Plaintiff's Request for Production Nos. 17 and 19 to Defendant Mountain View Regional Medical Center; granting 274 CHSPSC's Motion for Protective Order subject to reexamination; and denying 316 CHSPSC's Second Motion for Protective Order and permitting the deposition of William Hussey to take place outside of the discovery deadline. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

GLORIA QUIMBEY, DECEASED, BY THE
PERSONAL REPRESENTATIVE FOR
THE WRONGFUL DEATH ESTATE,
JOHN FAURE,
Plaintiff,
v.

CIV 14-0559 KG/KBM

COMMUNITY HEALTH SYSTEMS
PROFESSIONAL SERVICES CORPORATION,
LAS CRUCES MEDICAL CENTER, LLC D/B/A
MOUNTAIN VIEW REGIONAL MEDICAL CENTER,
and
ACCOUNTABLE HEALTHCARE STAFFING,
INC., ACCOUNTABLE HEALTHCARE
HOLDINGS CORPORATION, MEDASSETS
WORKFORCE SOLUTIONS, RONALD LALONDE,
and
AFFILION, LLC AND DR. JOEL MICHAEL JONES,
Defendants.

ORDER FOLLOWING HEARING
THIS MATTER came before the Court for a hearing on March 3, 2017, on
Plaintiff’s Motion for Entry of Order Regarding Plaintiff’s Request for Production Nos. 17
and 19 to Defendant Mountain View Regional Medical Center (Doc. 272), CHSPSC,
LLC’s Motion for Protective Order (Doc. 274), and CHSPSC, LLC’s Second Motion for
Protective Order and Motion to Quash Subpoena (Doc. 316). Having reviewed the

parties’ submissions and the relevant law, and having heard arguments of counsel, the
Court stated on the record its rulings and its rationale, and it incorporates such rationale
herein.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1. Plaintiff’s Motion for Entry of Order Regarding Plaintiff’s Request for
Production Nos. 17 and 19 to Defendant Mountain View Regional Medical
Center (Doc. 272) is granted in part and denied in part as follows:
a. Defendant MVRMC must search for and produce to Plaintiff within 45
days from the entry of this Order, absent good cause shown for an
extension:
i. Documents constituting the budget that was in effect at the time
of the subject hospitalization of Gloria Quimbey.
ii. Any electronic correspondence to or from Willa Dixon, Kelly
Clark, Denten Park, and Karen Anderson containing the search
terms “Quimbey” or “Lalonde,” regardless of date.
iii. Any electronic correspondence to or from Willa Dixon, Kelly
Clark, Denten Park, and Karen Anderson during the calendar
year 2012, which contain the following combinations of search
terms:
1. “patient” + “ratio” + “telemetry
2. “short” + “staff” + “telemetry”
3. “short” + “staff” + “emergency/ED/ER”

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4. “traveler” + “emergency/ED/ER”
b. Plaintiff is ordered to contribute $10,000 towards MVRMC’s cost of
performing the ordered electronic searches.
c. The electronic documents produced as a result of this search must be
accomplished pursuant to a protective order limiting the information’s
use to this case.
2. CHSPSC, LLC’s Motion for Protective Order (Doc. 274) is granted subject to
reexamination by the Court if the presiding judge denies CHSPSC’s Motion
for Summary Judgment (Doc. 246) or if it grants Plaintiff’s request for relief
under Fed. R. Civ. P. 56(d) (Doc. 266).
3. CHSPSC, LLC’s Second Motion for Protective Order and Motion to Quash
Subpoena (Doc. 316) is denied, and Plaintiff will be permitted to depose
William Hussey as a fact witness beyond the Court’s previously scheduled
discovery deadline of January 13, 2017.
IT IS SO ORDERED.

______________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE

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