Opinion
2:21-CV-00140-JHC
05-17-2022
DUSTIN MICHELLE, an individual, Plaintiff, v. SOUTH CORRECTIONAL ENTITY “SCORE”, a Governmental Administrative Agency; SCORE JOHN DOES 1-10; NAPHCARE, INC., an Alabama Corporation; ELAIN SPERRY, an individual; JASON WIGGINS, an individual; MELANIE MENEAR, an individual; MARGARET MAINA, an individual, TRICIA WEBB, an individual; NAPHCARE JOHN DOES 1-10; KING COUNTY, a political subdivision of the State of Washington; and KING COUNTY JOHN DOES 1-10, Defendants.
KRUTCH LINDELL BINGHAM JONES, P.S. J. Nathan Bingham, WSBA No. 46325 Jeffrey C. Jones, WSBA No. 7670 James T. Anderson, WSBA No. 40494 Attorneys for Plaintiff David A. Perez, WSBA No. 43959 Stephanie D. Olson, WSBA No. 50100 Mason Ji, WSBA No. 58292 Perkins Coie LLP Jonathan D. Ballard, WSBA No. 48870 Ross C. Taylor, WSBA No. 48111 Fox Ballard PLLC Attorneys for Defendants NaphCare, Inc., Elain Sperry, Jason Wiggins, Melanie Menear, MargaretMaina, and Tricia Webb
Hearing Dated: May 13, 2022
KRUTCH LINDELL BINGHAM JONES, P.S.
J. Nathan Bingham, WSBA No. 46325
Jeffrey C. Jones, WSBA No. 7670
James T. Anderson, WSBA No. 40494
Attorneys for Plaintiff
David A. Perez, WSBA No. 43959
Stephanie D. Olson, WSBA No. 50100
Mason Ji, WSBA No. 58292
Perkins Coie LLP
Jonathan D. Ballard, WSBA No. 48870
Ross C. Taylor, WSBA No. 48111
Fox Ballard PLLC
Attorneys for Defendants NaphCare, Inc., Elain Sperry, Jason Wiggins, Melanie Menear, MargaretMaina, and Tricia Webb
ORDER ON PLAINTIFF'S MOTION TO COMPEL
The Honorable John H. Chun, United States District Judge
The Court, having considered Plaintiff Dustin Michelle's (“Mr. Michelle”) Motion to Compel (the “Motion”), all other papers filed in support of and in opposition to the Motion, and the oral arguments of the counsel for Mr. Michelle and Defendant NaphCare, Inc. as well as the associated individual defendants (collectively, “NaphCare”), and being fully advised in the premises, now, and therefore, it is hereby ORDERED that:
Mr. Michelle's Interrogatory No. 4 is facially overbroad as to date, geography, and scope. The Court has decided to narrow this interrogatory. NaphCare will respond to Mr. Michelle's Interrogatory No. 4 subject to the following limitations:
1. The substance of the response will be limited to healthcare claims, as defined as claims arising out of alleged medical or nursing malpractice;
2. The scope of the response will include both injuries and deaths;
3. The date range for responsive alleged events will be from January 1, 2014 to October 25, 2018; and,
4. The geographic scope shall be limited to the South Correctional Entity in Des Moines, WA (SCORE).
This ruling is without prejudice to future discovery requests that Mr. Michelle may make. The parties shall meet and confer in good faith about any other issues arising out of NaphCare's response.