Namugisha v. Avera McKennan Hosp.

Namugisha v. Avera McKennan Hosp.

Opinion

ORDER ON DEFENDANT'S MOTION TO QUASH OR FOR PROTECTIVE ORDER

Docket No. 38

INTRODUCTION

This matter is before the court on the amended complaint alleging medical negligence and other claims by plaintiffs Jeanne Namugisha and Innocent Cyubahiro, individually and as parents of N.C., their minor child. The claims arise out of the July 31-August 1, 2017, labor and delivery of N.C. by Jeanne. Jurisdiction is premised on the diverse citizenship of the parties [*2] ¹ and an amount in controversy in excess of $75,000. See 28 U.S.C. § 1332.

Although numerous defendants were initially named in the plaintiffs' complaint (see Docket No. 1), by agreement of the parties only Avera McKennan Hospital remains a named defendant, the other defendants having been dismissed without prejudice. See Docket No. 15. Now pending is defendant's motion to quash a Rule 30(b)(6) deposition served on it by plaintiffs or, in the alternative, for a protective order regarding that deposition notice. The Honorable Lawrence L. Piersol, district judge, referred the defendant's motion to this magistrate judge for a decision pursuant to 28 U.S.C. § 636(b)(1)(A) and the October 16, 2014, standing order of the Honorable Karen E. Schreier, district judge.

FACTS

The facts pertinent to the instant motion are taken for the most part from plaintiffs' amended complaint. Docket No. 3. The court intends to imply no imprimatur of veracity reciting facts from that document. Rather, the facts are intended to flesh out what the claims and, in so far as is relevant, defenses in this lawsuit are so as to evaluate the parties' arguments regarding the discovery requested.

Plaintiffs' overarching theory is that a "complete system failure" at the hospital [*3]  occurred whereby Jeanne and N.C. were not monitored or attended to adequately such that N.C. was deprived of oxygen for hours while her umbilical cord was wrapped around his body and neck during labor.

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