McClain v. Sysco New Orleans

McClain v. Sysco New Orleans

Opinion

ORDER AND REASONS

Before the Court is the Defendants' Motion to Compel non-parties MD Medical Services LLC ("MD Medical") and Integrated Health Management, Inc. ("IHM"), to produce documents in response to subpoenas. (Rec. Doc. 64). For the following reasons, the Motion is GRANTED.

Background

This lawsuit arises out of a February 15, 2018, vehicle collision. Plaintiff Chevaz McClain alleges that while he was travelling along I-10 in his Nissan Maxima, his vehicle was hit from the side by a truck owned by Sysco USA II, LLC ("Sysco")¹ and operated by Tommy Duncan. McClain alleges that the impact caused his vehicle to veer out of control and into the median wall. He alleges that [*3]  he has suffered injuries to his neck and back. He filed this lawsuit for damages in state court on February 1, 2019, against Sysco, Duncan, and Zurich American Insurance Company. On February 12, 2019, McClain's passenger, plaintiff Deangelo Adams, filed suit in state court against the same defendants, alleging soft tissue injuries resulting from the collision. The defendants removed the lawsuits on February 27, 2019 and March 25, 2019, respectively. The cases were consolidated.

A bench trial is set to begin on August 31, 2020. The fact discovery deadline passed on June 3, 2020, and the deadline for medical expert discovery is June 30, 2020.

The issue before the court at present concerns subpoenas duces tecum served by defendants on MD Medical and IHM seeking:

• Any agreement with any individual or entity who purchased accounts receivable related to the medical care and treatment of the plaintiffs;

• Any written documents related to the sale, assignment, or transfer of any accounts receivable related to the medical care and treatment of the plaintiffs; and

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