Smith v. Davis

          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, ...