2012-00120206-CU-PO

Raymond K. Pierce vs. Carmichael Care, Inc.

Nature of Proceeding: Motion to Compel Prodution of Documents

Filed By: York, Wendy C.
Plaintiff’s Motion to Compel Non-Party Dr. Lodhia to Produce Documents Pursuant to
Deposition Notice and Subpoena Duces Tecum is unopposed and is GRANTED. Code
Civil Procedure section 2025.480(a). The request for imposition of sanctions is
GRANTED. Code Civil Procedure section 2025.450(c).

This is an action for abuse/neglect of a dependent adult. Plaintiff, through his guardian
ad litem, alleges that he is a 61 year old developmentally and physically disabled man
who was transferred from a skilled nursing facility to Defendant’s care facility on March
11, 2010. Plaintiff alleges that Defendant failed to inform Plaintiff’s family of the
transfer. Plaintiff alleges that during his one-month stay at Defendant’s facility,
Defendant failed to provide adequate care, and that as a result, Plaintiff suffered
serious infections, abdominal pain, extreme dehydration and malnutrition, and poor
hygiene.

Plaintiff noticed the deposition of Dr. Lodhia to take place on June 17, 2013. The
deposition notice also requires that a number of documents be provided. Plaintiff also
served Dr. Lodhia with a subpoena duces tecum. No timely objections were served.

The deposition was rescheduled for the convenience of the parties for August 2, 2013.
An Amended Notice of Deposition and Production of Documents was served on July
22, 2013.

Dr. Lodhia served written objections to producing all requested documents except
items 5 (his CV) and 7 (billing records).

On August 2, 2013, Dr. Lodhia appeared for his deposition. At that time he testified
about the contracts for his positions as Medical Director at Defendants RX Staffing and
Rosewood Rehabilitation at issue, although they were not produced.

After meet and confer, plaintiff focused specifically on Request nos. 1-4, (contracts for
the Dr.’s positions as Medical Director at Defendants RX Staffing and Rosewood
Rehabilitation.) Although the Dr. initially agreed to produce those documents, he has
since withdrawn that agreement, contenting that as a third party he should not be
required to produce them.

Dr. Lodhia is ordered to produce the requested documents (Requests nos. 1-4) to
counsel for the plaintiff not later than Friday, Nov. 22, 2013.

Sanctions are neither requested nor imposed.

The minute order is effective immediately. No formal order pursuant to C.R.C. Rule
3.1312 or further notice is required.