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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?