Baker v. Corizon Health Inc. et al

Filing 56

ORDER by Magistrate Judge Kevin R. Sweazea to Notify the Court by January 31, 2023. (atc)

Case 2:22-cv-00152-KWR-KRS Document 56 Filed 01/17/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ADAM BAKER, as Personal Representative to the
Estate of ZACHARY BARELA,
Plaintiff,
v.

No. 2:22-cv-152 KWR/KRS

CORIZON HEALTH, INC., et al.,
Defendants.
ORDER TO NOTIFY COURT
THIS MATTER is before the Court sua sponte and on review of Plaintiff’s Motion to
Compel Discovery, (Doc. 26), seeking production of a “mortality review” that was prepared after
Mr. Barela’s death. The attorneys in this case recently briefed a similar motion in another case
filed in this district, Garcia v. Board of County Commissioners for the County of Dona Ana, et
al., 21cv485 DHU/GJF. In Garcia, the assigned Magistrate Judge entered an Order Compelling
Discovery and ordered Defendant Corizon Health, Inc., to produce the mortality review to the
plaintiff. (Doc. 88, filed in 21cv485 DHU/GJF). Defendant Corizon filed objections to that
Order and the Magistrate Judge stayed production of the mortality review pending the presiding
judge’s ruling on the objections. (Doc. 90, filed in 21cv485 DHU/GJF).
Due to the procedural posture of the Motion to Compel in Garcia, and the apparent
similarities of the issues addressed by the Magistrate Judge in that case, the Court requires the
parties to file a written notice (either together or separately) as to whether the mortality review at
issue in Garcia is identical or substantively similar to the mortality review at issue in this case.
To the extent either party contends the mortality reviews are not identical, that party shall
describe the differences.

Case 2:22-cv-00152-KWR-KRS Document 56 Filed 01/17/23 Page 2 of 2

IT IS THEREFORE ORDERED that the parties shall file a notice (either together or
separately) as described above by January 31, 2023.

IT IS SO ORDERED.
__________________________________
KEVIN R. SWEAZEA
UNITED STAGES MAGISTRATE JUDGE

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