Camesi v. Univ. of Pittsburgh Med. Ctr.
Camesi v. Univ. of Pittsburgh Med. Ctr.
2017 WL 11710690 (W.D. Pa. 2017)
December 18, 2017
Bissoon, Cathy, United States District Judge
Summary
The court allowed Defendants to supplement the record with a sworn statement, which confirmed and bolstered the court's interpretation of the Hearing-testimony. This was important because the ESI in this case was TIFF format, which was the means by which native files were converted. As a result, the court reinstated its Order denying Plaintiffs' Motion to vacate or reduce the amount of costs awarded.
Additional Decisions
Karen CAMESI, et al., Plaintiffs,
v.
UNIVERSITY OF PITTSBURGH MEDICAL CENTER, et al., Defendants
v.
UNIVERSITY OF PITTSBURGH MEDICAL CENTER, et al., Defendants
Civil Action No. 09-85J
United States District Court, W.D. Pennsylvania
Signed December 18, 2017
Counsel
J. Nelson Thomas, Jonathan W. Ferris, Pro Hac Vice, Guy A. Talia, Pro Hac Vice, Joseph M. Cianflone, Michael J. Lingle, Pro Hac Vice, Patrick J. Solomon, Pro Hac Vice, Justin M. Cordello, Thomas & Solomon LLP, Rochester, NY, for Plaintiff Karen Camesi.J. Nelson Thomas, Jonathan W. Ferris, Pro Hac Vice, Joseph M. Cianflone, Justin M. Cordello, Thomas & Solomon LLP, Rochester, NY, for Plaintiffs Erin O'Connell, Lori Shaffer, Dinah Baker.
John J. Myers, Mariah L. Klinefelter, Mark A. Willard, Andrew T. Quesnelle, William S. Myers, Eckert Seamans Cherin & Mellott LLC, Pittsburgh, PA, for Defendant University of Pittsburgh Medical Center.
John J. Myers, Mariah L. Klinefelter, Andrew T. Quesnelle, William S. Myers, Eckert Seamans Cherin & Mellott LLC, Pittsburgh, PA, for Defendants UPMC, UPMC Health System, UPMC Bedford Memorial Hospital, UPMC Braddock, UPMC McKeesport, UPMC Northwest, UPMC Passavant, UPMC Presbyterian, UPMC Presbyterian Shadyside, UPMC Shadyside, UPMC Southside, UPMC St. Margaret, Magee Womens Hospital of UPMC, Montefiore Hospital, Montefiore University Hospital, Western Psychiatric Institute and Clinic, Children's Hospital of Pittsburgh of the UPMC Health System, UPMC Lee, UPMC Horizon, UPMC Holding Company, Inc., UPMC Health Network, Inc., Jeffrey A. Romoff, Gregory Peaslee, UPMC 401A Retirement Savings Plan, UPMC 403B Retirement Savings Plan, UPMC Basic Retirement Plan.
James F. Glunt, Fisher & Phillips LLP, Pittsburgh, PA, John J. Myers, Mariah L. Klinefelter, Andrew T. Quesnelle, William S. Myers, Eckert Seamans Cherin & Mellott LLC, Pittsburgh, PA, for Defendant Mercy Hospital of Pittsburgh.
Bissoon, Cathy, United States District Judge
ORDER
*1 The Court – as factfinder – has determined that the only competent evidence of record establishes that “Process[ing] to Ontrack Inview” was the means by which native files were converted to TIFF format; and, consequently, the costs associated with it are recoverable under Race Tires. See Nov. 15th Order (Doc. 545) at 1-2. On this basis, alone and independently, the award of $310,000 in the Bill of Costs is sustainable.
Recognizing that this determination likely would be appealed, the Court permitted Defendants to supplement the record at the trial-court level, so that any remaining information regarding the salient issues would be available to the Court of Appeals for the Third Circuit. The sworn statement by Defendants’ witness confirms, and bolsters, this Court's interpretation of the Hearing-testimony,[1] which – as noted above – was the only competent evidence of record. Plaintiffs’ process-related objections to supplementation notwithstanding, there now remains no doubt as to recoverability, either in the legal-sense or as a matter of objective reality.
Accordingly, this Court's Order (Doc. 521) denying Plaintiffs’ Motion to vacate or reduce the amount of costs awarded is REINSTATED. The Court will issue, contemporaneously herewith, a Rule 58 judgment as relates to the Bill of Costs.
IT IS SO ORDERED.