2017-00221815-CU-PO

Ana Martin vs. Lincoln Square Post Acute

Nature of Proceeding: Motion to Compel Form Interrogatories (James Ellis-Sherinian)

Filed By: Collins, Andrew J.

Plaintiffs’ motion to compel defendants James Ellis-Sherinian, Alicia Ebuen and Cheri Cody’s (collectively, “Defendants”) to further respond to form interrogatories, set one, is ruled upon as follows.

In this elder abuse action, Plaintiffs allege Defendants and other named defendants neglected decedent during her 21 day stay at a skilled nursing facility. Specifically, Plaintiffs allege defendants failed to take precautions necessary to prevent decedent from contracting an infection following a total knee replacement surgery. Plaintiffs allege defendants’ failure to ensure safeguards and sanitary protections were in place caused decedent to contract a C.diff infection, become septic, and ultimately pass away.

Plaintiffs served form interrogatories, set one, on Defendants on January 18, 2018. Defendants served verified responses on March 8, 2018. The parties then met and conferred in writing, but were unable to resolve their disagreement. Plaintiffs now move to compel further responses to form interrogatories 2.5, 12.1, 12.2-12.7, 13.1, 14.1, 15.1, and 16.1-16.5.

The parties arguments in support of and in opposition to this motion, except for insubstantial matters, are nearly identical to those raised in the concurrent motion to compel further responses from Benjamin Pyper and the form interrogatories at issue are identical. Accordingly, the Court will not repeat its analysis regarding those responses here and instead incorporates the ruling in item 6 as though set forth fully herein.

No later than June 22, 2018, Defendants shall provide further, verified responses to Plaintiffs’ form interrogatories, set one, consistent with the ruling in item 6.