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Wilson Getty
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Minutes | Filed: May 10, 2024 | Entered: May 10, 2024 O'Toole, et al v. Avalon Care Center VA Hilo, L.L.C., et al
P.I.: Other | Hawaii
Discovery Hearing Telephone Conference 2 - Set Hearings
EP: 1) LR37.1 DISCOVERY CONFERENCE; and 2) TELEPHONE CONFERENCE held on 5/10/2024.
1) LR37.1 Discovery Conference
Parties are before the Court on a request for Expedited Discovery Assistance pursuant to Local Rules of Practice for the United States District Court for the District of Hawaii ("LR") 37.1. The parties have satisfied their meet-and-confer obligations in a good faith attempt to resolve the instant discovery dispute.
Court takes judicial notice of its records and files, including the following:
a. [ECF 40 ] Defendants Letter Brief;
b. [ECF 41 ] Plaintiff's Letter Brief;
c. [ECF [1-2]] Complaint;
d. [ECF 3 ] Defendants' Answer to Complaint;
e. [ECF 23 ] Telephone Conference held 9/8/2023;
f. [ECF 29 ] Telephone Conference held 12/8/2023;
g. [ECF 33 ] Telephone Conference held 2/21/2024;
h. [ECF 37 ] Telephone Conference held 4/9/2024; and
i. All prior proceedings.Arguments heard.
Ruling :
The Court has carefully considered the merits of the parties' respective [ECF 40 & [ 41 ] Letter Briefs, within the context of the record, applicable legal authority and arguments of counsel, for the reasons set forth during the hearing and detailed below.
Plaintiffs seek an order compelling Defendants to produce briefs and exhibits (collectively "briefs") filed in two separate, but related administrative appeals from a fine issued by the Centers for Medicare and Medicaid Services ("CMS") against the Yukio Okutsu Veterans Home ("Yukio") which Defendants managed during the time period and events underlying this case. ECF No. 41 at PageID.275; and ECF No. 40 at PageID.271-272. While Defendants have produced one brief discovered in their files, they have refused to produce the remaining briefs which subsequently were requested and obtained from Yukio's counsel in the administrative appeals. ECF No. 40 at PageID.272.
Defendants do not dispute that they, through their counsel, have possession of the remaining briefs. Id. Defendants, however, object to production of the remaining briefs based upon an assertion of the work-product privilege. Id. Notably, Yukio is a third-party and is represented by separate counsel, not Defendants' counsel. Id. at 271-72. Thus, Defendants have refused to produce the remaining briefs, not because the briefs are their counsel's work-product, but because they are the work-product of Yukio's attorneys who reportedly would object based upon their assertion of the work-product privilege. Id. at 272-73. Furthermore, Defendants claim these briefs, filed in the administrative appeals, are their work-product simply because they "were obtained through the efforts of Avalon's counsel[,]" i.e., by requesting them from Yukio's attorneys. Id.
Plaintiffs contend that Defendants' assertion that production is barred by the work-product doctrine is improper. ECF No. 41 at PageID.277-279. "Here, Defendants had nothing to do with the preparation of CMS's filing and have no ability to claim work product." Id. at PageID.278. Moreover, by Yukio by filing its briefs in the administrative matter and by disclosing them to Defendants' attorneys and/or to Defendants, any work-product privilege, even if it existed, has been effectively waived. Id.
Rule 26 defines the scope of permissible discovery and provides that "[p]arties may obtain discovery regarding any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case[.]" Fe... (truncated)
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Misc | Filed: May 02, 2024 | Entered: May 02, 2024 O'Toole, et al v. Avalon Care Center VA Hilo, L.L.C., et al
P.I.: Other | Hawaii
Letter Brief
Letter Brief re 40 Letter Brief Pursuant to LR 37.1, 39 Set Hearings,,,, . (Winter, Matthew)
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Misc | Filed: April 26, 2024 | Entered: April 26, 2024 O'Toole, et al v. Avalon Care Center VA Hilo, L.L.C., et al
P.I.: Other | Hawaii
Letter Brief Pursuant to LR 37.1
Letter Brief Pursuant to LR 37.1 by Avalon Care Center - VA Hilo, L.L.C., Avalon Care, L.L.C., Avalon Health Care Management of Hawaii, L.L.C., Avalon Health Care Management, Inc., Avalon Health Care, Inc., Avalon Holding, Inc., Avalon of Hawaii, L.L.C., Douglas Taylor. (Hunt, William)
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