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Polansky v. Executive Health Resources, Inc.

United States District Court, E.D. Pennsylvania

April 26, 2018

JESSE POLANSKY M.D., M.P.H., et al.
v.
EXECUTIVE HEALTH RESOURCES, INC., et al.

          MEMORANDUM AND ORDER RE: DISCOVERY ISSUES AS PREPATORY FOR BELLWETHER TRIAL

          Baylson, J.

          The Court previously determined that the most appropriate and fair way to approach completion of this litigation is to schedule a bellwether trial. Both parties agreed on a finite and limited scope of discovery. Each side selected a limited number of patient cases for discovery purposes. The preparation for the bellwether trial contemplated that there would be discovery of this limited group of cases, and then the parties would either agree, or the Court would determine, as to the actual cases to be subject to the bellwether trial. The above events have been subject to prior orders in this case.

         Relator proposed random selection of the patient cases. Relator filed a Motion on October 4, 2017 to require Defendant to select its patient cases for the bellwether trial by Relator's random method (ECF 182). The Court held this motion under advisement at the hearing it held on November 6, 2017. (Tr. at 34:3-4, ECF 200.) At the hearing, the Court contemplated that the parties might explore the criteria for case selection at the upcoming 30(b)(6) deposition:

MR. MELSHEIMER: So the 30(b)(6) deposition, we've been wanting to take it.
We're glad that we're getting around to doing it. The topics do not go to this issue of the method of selection.
THE COURT: Well, then add this in.
MR. MELSHEIMER: Okay. So we can add in -
THE COURT: Yes. Definitely.
MR. MELSHEIMER: -- a topic -
THE COURT: Yes.
MR. MELSHEIMER: -- regarding how they selected -
THE COURT: Yes.
MR. MELSHEIMER: -- their cases?
THE COURT: Yes. I mean Mr. Posner just described it, but you can ask the witness under oath if ...

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