United States District Court, D. Colorado
ORDER REGARDING EX-PARTE INTERVIEWS WITH NON-PARTY
TREATING PROVIDERS
Scott
T. Varholak, United States Magistrate Judge.
Pursuant
to 28 U.S.C. § 636(b)(1)(A) and Fed.R.Civ.P. 72(a), this
Court has authority to hear and resolve the Parties'
discovery dispute over whether counsel for Defendants may
speak to and meet with Plaintiff's non-party treating
providers outside the presence of Plaintiff's counsel.
I.
BACKGROUND:
This
case arises out of Plaintiff's medical malpractice claims
against neurosurgeon Robert Davis, M.D., emergency medicine
physician Russell Hill, M.D., and Animas Surgical Hospital,
LLC. Defendants sought leave of court to meet with some of
Plaintiff's medical care providers without the presence
of Plaintiff's counsel. The parties submitted a Joint
Position Statement for the Court's review, outlining the
medical providers with whom Defendants sought to meet, and
the parties' respective positions on the issue. The
Parties also submitted medical records from the providers at
issue.
The
Court conducted a hearing on Defendants' request on
February 14, 2019. [#32] At that time, the Court heard
argument from attorneys for all parties regarding whether
counsel for Defendants could meet with the following medical
providers:
a. William Finn, M.D.
b. Kennard Stradling, M.D.
c. Jay Johnson, M.D.
d. Patrick McLaughlin, M.D.
e. John McManus, M.D.
f. Jennifer Rupp, M.D.
g. Sara Scherrer, M.D.
h. Yasuaki Harasaki, M.D.
i. Douglas G. Orndorff, ...