United States District Court, M.D. Tennessee, Nashville Division
NORFOLK COUNTY RETIREMENT SYSTEM, individually and on behalf of others similarly situated, Plaintiff,
COMMUNITY HEALTH SYSTEMS, INC., WAYNE T. SMITH, and W. LARRY CASH, Defendants.
BROWN UNITED STATES MAGISTRATE JUDGE.
29, 2019, a telephone conference was conducted regarding a
number of discovery and scheduling disputes.
Ms. Lipp's Deposition
first dispute discussed related to Lead Plaintiff's
deposition of non-party Carolyn Lipp. Pursuant to this
Court's Order on March 11, 2019 (D.E. 342), Lead
Plaintiff searched for a suitable “medical
facility” at which to hold Ms. Lipp's deposition in
light of her health status. Unable to find a nearby medical
facility willing to hold a deposition, Lead Plaintiff
proposed holding the August 13 deposition at a hotel close to
a medical facility on June 21, 2019. (LP Exhibit 4).
Non-party Lipp's counsel agreed to hold the deposition at
a hotel, as long as Lead Plaintiff disclosed all the exhibits
that would be used in the deposition by August 5 in order to
minimize the stress and duration of the deposition. Non-party
Lipp's counsel also asked to share any exhibits with
Defendant CHS's counsel, who are more familiar with the
case and the exhibits that would be produced. Lead Plaintiff
objected to putting forth more than a good faith effort to
share exhibits by August 5 because some may not be ready in
time and also objected to Defendant CHS seeing any documents
shared with Ms. Lipp.
Magistrate Judge agrees that a nearby hotel is an acceptable
compromise for the location of the deposition. As for the
sharing of exhibits, both Lead Plaintiff and Defendant will
make a good faith effort to exchange exhibits they intend to
use by close of business on August 9 with each other and
counsel for Ms. Lipp. There are no limitations on Ms. Lipp or
her attorneys discussing and sharing the documents with
CHS's counsel ahead of the depositions.
Magistrate Judge will be conducting a telephone conference on
Thursday, August 1, 2019 at 3:00 PM CDT to discuss the EmCare
deposition with all relevant parties. Parties are advised
that the deposition needs to be scheduled promptly. The call
in number is 877-873-8017, and the code is 1958322#.
Class Notification Schedule
two weeks, Lead Plaintiff should submit a proposed draft
order For Judge Richerdson concerning notice to the class and
a deadline for prospective members to opt-out. Defendant will
have seven days to respond to the draft if they are nor able
to agree on the draft.
parties have previously had preliminary settlement
discussions with a retired federal judge. Given that the
class certification and class scope has been defined, the
parties are directed to again discuss the possibility of
settlement, if at all possible with the judge to see if he
can conduct further settlement discussions with them. If he
is unwilling or unavailable, the parties should provide the
Magistrate Judge two suggestions each with brief resumes of
their qualifications as possible mediators by August 23.
Eighth Amended Case Management Order
final dispute between the parties on the call regarded Lead
Plaintiff's request to extend initial expert disclosures
by one month from August 30, 2019 to September 30, 2019 in
light of the recent ruling certifying the class. After much
discussion, the Magistrate ...