Petrie v. Menard, Inc.
Petrie v. Menard, Inc.
2020 WL 13557775 (S.D. Ind. 2020)
August 24, 2020
Brookman, Matthew P., United States Magistrate Judge
Summary
The court denied the motion to block the defendant from sending non-party subpoenas to the plaintiff's healthcare providers, finding that the information sought was relevant to the issues raised in the personal injury suit. The court also directed the parties to engage in a private mediation after medical record discovery and the plaintiff's deposition have been completed. Electronically stored information is important in this case, as it is essential to the evaluation and defense of the case.
KAREN PETRIE, Plaintiff,
v.
MENARD, INC., Defendant
v.
MENARD, INC., Defendant
No. 1:19-cv-04850-RLY-MPB
United States District Court, S.D. Indiana, Indianapolis Division
Filed August 24, 2020
Counsel
Thomas Todd Reynolds, Thomas Todd Reynolds Law, LLC, Indianapolis, IN, for Plaintiff.Douglas Alan Hoffman, Carson LLP, Bloomington, IN, for Defendant.
Brookman, Matthew P., United States Magistrate Judge
ORDER ON PLAINTIFF'S MOTION FOR PROTECTIVE ORDER AND MOTION TO QUASH NON-PARTY SUBPOENAS
*1 This matter is before the Court on Plaintiff's Motion for Protective Order and to Quash Non-Party Subpoenas. (Docket No. 19). The motion is fully briefed. (Docket No. 19, Docket No. 20, Docket No. 24). For the reasons set forth below, the motion is DENIED.
This case arises from a slip and fall accident that occurred on or about June 22, 2018 at a Menard, Inc. location in Lebanon, Indiana. (Docket No. 1-1 at ECF 3). Plaintiff contends the fall caused her serious and permanent injuries to her knee and ligaments. (Docket No. 1-1 at ECF 4 and Docket No. 19 at ECF 1). Plaintiff seeks an entry that blocks Defendant from sending non-party subpoenas to Plaintiff's healthcare providers. The subpoenas seek, “Copies of the patient's medical file containing office or physician entries for the dates the patient was seen, the patient's complaints, the impressions and/or diagnosis of the physician, the treatment and/or medication prescribed, the results of tests undertaken by or at the direction of the physician, etc.; and copies of reports made and received by the physician concerning the patient” apparently from her treatment providers Witham Orthopaedic Associates, Witham Memorial Hospital, and Witham Rehabilitation Services, and from Plaintiff's family doctor Dr. Tricia Wright and Witham Family Medicine (Docket No. 20-5).
As an initial matter, Defendant originally served written interrogatories and requests for production upon Plaintiff on December 13, 2019, which included requests for the information that is now the subject of Plaintiff's motion to quash. Plaintiff neither answered nor objected to the written discovery requests in a timely fashion. On May 1, 2020, Plaintiff served belated written discovery responses, in which she attempted to interpose objections to information concerning other injuries and medical treatment. Plaintiff did not produce any medical discovery as requested, responding cryptically that, “Plaintiff's investigation and discovery is continuing.” (Docket No. 20-3). To date, Plaintiff has not produced any medical information in this personal injury case. (Docket No. 20 at ECF 2).
Defendant's discovery of Plaintiff's medical condition, both before and after the incident in question is clearly relevant to the issues raised in Plaintiff's personal injury suit. Federal Rules of Civil Procedure 26(b). Rule 26(b) is to be construed broadly and encompasses any matter that bears on, or that reasonably could lead to other matters that would bear on, any issue that is or may be in the case Oppenheimer Fund Inc. v. Sanders, 437 U.S. 340, 98 S.Ct. 2380, 57 L.ed.2d 253 (1978). Defendants are entitled to learn of prior injuries or conditions that could bear on the injury claim in the lawsuit, and also medical treatment received by the Plaintiff since the incident in question.
The fact that Plaintiff has not provided Defendant with any medical records or billing statements, regardless of their perceived relevancy, is not lost on the Court. Defendant is right in its assertion that medical records and billing statements related to the accident at issue are essential to its evaluation and defense of this case. For the reasons set forth above, Plaintiff's Motion for Protective Order and to Quash Non-Party Subpoenas (Docket No. 19) is DENIED.
*2 Additionally, Plaintiff's delay in engaging in discovery, culminating in the present unsuccessful motion, resulted in the previously scheduled Settlement Conference in this matter being vacated. Therefore, the Court will DIRECT the parties to engage in a private mediation, after medical record discovery has been completed and Plaintiff's deposition taken, on or before FEBRUARY 16, 2021. Plaintiff will bear the cost of the private mediation. The parties shall file a notice with the Court containing the name of the mediator mutually selected and date of the mediation on or before OCTOBER 19, 2020. Within seven (7) days after the mediation date, the mediator shall file a mediator's report with the Court.
SO ORDERED.
Served electronically on all ECF-registered counsel.