Nicole Cadavid by her Parents and Next Friends Luz Marina Cadavid et al. v. Masood A. Ranginwala et al. (2013)

RULING ON MOTION TO REARGUE OBJECTIONS TO PLAINTIFFS' INTERROGATORIES and REQUEST FOR PRODUCTION DIRECTED TO DEFENDANT STAMFORD HEALTH SYSTEM, INC.

The Motion to Reargue is granted.   The court believes that no argument is necessary at this stage simply because in adjudicating # 116.00 the court relied on affidavit # 131.00 instead of affidavit # 156.00 which was filed five months after ¹ # 116.00. The court will adjudicate only those disputes which are identified as 7D through L in the Affidavit of Adam J. Blank dated May 23, 2013.

Interrogatories

7D, E, F, G.—In order to avail themselves of any of the claimed privileges the defendant must prepare a privilege log which clearly identifies each document for which protection is claimed, the author, recipient if applicable, the purpose of the document and the legal basis for the claim of privilege.

3.—Sus:  overbroad.

28.—OV:  limited to whether such documents exist.

12.—OV

7.—OV:  limited to existence of practice.

8.—OV

24.—Sus:  to the extent that such documents contain peer review proceedings.   OV if any such materials do not contain peer review proceedings.

25.—OV

30.—OV

31.—OV:  limited to “identify” only.

33.—OV:  limited to “yes” or “no.”

34 —If 33. is “Yes” include all such documents on privilege log.

35.—OV.

36.—OV.

37—OV. Same as # 33.

38.—Same as # 34.

39.—Same as # 33.

40.—Same as # 33.

41.—Same as # 33.

42.—OV:  limited to existence of report;  documents subject to privilege log.

Production Requests

1.—Sus:  subject to privilege log.

2— OV.

9.—OV.

10.—Sus:  subject to privilege log

13.—Sus:  same as # 10.

14.—Sus:  same as # 10.

15.—Sus:  same as # 10.

Privilege log shall be accompanied by a memorandum of law analyzing how and why from our case law each document is entitled to the particular protection claimed.   The defendant shall have three weeks to comply.   The plaintiff shall have three weeks to file a memorandum in opposition.

BY THE COURT

A. WILLIAM MOTTOLESE, J.T.R.

FOOTNOTES

FN1. Counsel should be advised that in order to avoid this type of confusion whenever adjudication is sought pursuant to a discovery affidavit, the request for adjudication should clearly direct the court's attention to the applicable affidavit..  FN1. Counsel should be advised that in order to avoid this type of confusion whenever adjudication is sought pursuant to a discovery affidavit, the request for adjudication should clearly direct the court's attention to the applicable affidavit.

Mottolese, A. William, J.T.R.