MKB Management Corp et al v. Burdick et al

Filing 44

ORDER re Hearing on Scope of Discovery, Discovery Disputes, and Scheduling. By Magistrate Judge Charles S. Miller, Jr.(KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
MKB Management Corp, d/b/a Red River
Women’s Clinic, and Kathryn L.
Eggleston, M.D.,

)
)
)
)
Plaintiffs,
)
)
ORDER RE HEARING ON
vs.
)
SCOPE OF DISCOVERY,
)
DISCOVERY DISPUTES, AND
Birch Burdick, in his official capacity as
)
SCHEDULING
State Attorney for Cass County; Wayne
)
Stenehjem, in his official capacity as
)
Attorney General for the State of North
)
Dakota; and Larry Johnson, M.D., Robert )
Tanous, D.O., Kate Larson, P.A.C.,
)
Norman Byers, M.D., Cory Miller, M.D., )
Case No. 1:13-cv-071
Kayleen Wardner, Garylord Kavlie, M.D., )
Kent Martin, M.D., Kent Hoerauf, M.D.,
)
Burt Riskedahl, Jonathan Haug, M.D.,
)
Genevieve Goven, M.D., and Robert J.
)
Olson, M.D., in their official capacities as )
members of the North Dakota Board of
)
Medical Examiners,
)
)
Defendants.
)
______________________________________________________________________________
It appears obvious from plaintiffs’ counsel’s e-mail of November 6, 2013, and attachments
(copies of which were sent to all parties), that there are serious, fundamental differences over the
scope of discovery in this case. Consequently, the telephonic conference scheduled for Tuesday,
November 12, 2013, at 2:30 p.m. will be an on the record conference to address the proper issues
for discovery in light of the court’s rulings to date and governing United States Supreme Court
precedent. In particular, the parties should be prepared to address what discovery should be
permitted, if any, that goes beyond the narrow questions of when viability commences and whether
that is at or before the time of the ability to detect a fetal heartbeat. In addition, the parties should

be prepared to address the merits of the discovery disputes that the parties have identified as well
as any scheduling issues that need to be resolved.
IT IS SO ORDERED.
Dated this 7th day of November, 2013.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court