Arenson v. Whitehall Convalescent & Nursing Home, Inc.

161 F.R.D. 355, 1995 U.S. Dist. LEXIS 7585, 1995 WL 334337
District Court, N.D. Illinois·Decided May 31, 1995·No. No. 94 C 2508·Published·Cited by 2 cases

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Defendants, Whitehall Convalescent and Nursing Home, Inc., have filed a Motion to Reconsider the portion of the Court’s Memorandum Opinion and Order of March 27, 1995, granting Plaintiffs’ Motion to Compel. The issue in this Motion is whether the Court may compel the production of documents listing the names and prescription drugs taken by non-party patients at Whitehall. These documents are vital to the prosecution of this case because the information contained in them is necessary “to identify the class members for purposes of notice and to ferret out the data that will determine whether Plaintiffs [factual] allegations are correct” (e.g., whether defendants’ prices were fraudulent for the prescription drugs ordered and resold to Whitehall patients) (PL Response at 2). Given the significant probative value of this information, the Court concluded in the Memorandum Opinion that the use of a protective order with redaction of patient names would be sufficient to protect the non-party patient’s privacy interests and confidentiality. After careful review, the Court has again concluded that the balance of interests weigh in favor of production. Therefore, the Motion to Reconsider is DENIED.

[357]*357LEGAL STANDARDS

As is the case for a motion to alter or amend a judgment under Rule 59(e), a motion for reconsideration brought under Rule 60(b) is not at the disposal of parties who want to “rehash” old arguments. In re Oil Spill by Amoco Cadiz, 794 P.Supp. 261, 267 (N.D.Ill.1992), aff'd, 4 F.3d 997 (7th Cir. 1993); Quaker Alloy Casting v. Gulfco Indus. Inc., 123 F.R.D. 282, 288 (N.D.Ill.1988). Rather, Rule 60(b) authorizes a Court to grant relief from judgment for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud ..., misrepresentation, or other misconduct of an adverse party; and (4) when the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. Fed.R.Civ.P. 60(b). Motions brought pursuant to Rule 60(b), “must be shaped by [these] specific grounds for modification or reversal ... they cannot be general pleas for relief.” United States v. Deutsch, 981 F.2d 299, 301 (7th Cir.1992). Rule 60(b) relief “ ‘is an extraordinary remedy and is granted only in exceptional circumstances.’ ” Harold Washington Party v. Cook County, Illinois Democratic Party, 984 F.2d 875, 879 (7th Cir.1993) (quoting C.K.S. Engineers, Inc. v. White Mountain Gypstim Co., 726 F.2d 1202, 1205 (7th Cir.1984)); see also Margoles v. Johns, 798 F.2d 1069, 1073 (7th Cir.1986) (“[R]elief under Rule 60(b) is warranted only upon a showing of extraordinary circumstances that create a substantial danger that the underlying judgment was unjust”). Additionally, it bears repeating that the Court’s opinions “are not intended as mere first drafts, subject to revision and reconsideration at a litigant’s pleasure.” Quaker Alloy Casting v. Gulfco Indus. Inc., 123 F.R.D. at 288.

ANALYSIS

Defendants seek reconsideration on the basis that:

disclosing and producing the requested documents and information of the residents at Whitehall would be contrary to the case law, and would be a violation of the Nursing Home Care Act and an extension of the physician-patient privilege.

(Def. Motion at 2). Although Defendants’ Motion essentially seeks to rehash old arguments, the Court will briefly address each of the three allegations asserted.

The Court’s subject matter jurisdiction in this case is premised upon a federal statute, namely, the Racketeer and Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 et seq.; Illinois law does not apply in this case. Consequently, Illinois’ “physician-patient privilege” also does not apply, since federal common law does not provide for this privilege. See Hancock v. Dodson, 958 F.2d 1367, 1373 (6th Cir.1992); United States v. Moore, 970 F.2d 48, 50 (5th Cir.1992). Defendants concede as much in their Reply Memorandum and argue that, “while there is no physician patient privilege in federal court, the federal courts have recognized the privacy rights of patients.” (Reply at 2).

The Nursing Home Care Act, 210 ILCS 45/2-105, is the legal basis upon which Defendants’ assert the privacy rights of its patients. The Act specifically grants to patients’ privacy rights in their entire “medical and personal care program.” Defendants argue that “[e]vidence of drug treatment is ... part of [a] patient’s protected ‘program.’” (Reply at 2). Defendants then rely on several cases together with the Act to support their argument that the privacy interests of the patients at Whitehall will be jeopardized if the Court compels the production of documents listing the names and prescription drugs taken by these non-party patients. See generally Doe v. United States, 711 F.2d 1187 (2d Cir.1983) (court rejected doctor’s assertion of physician-patient privilege in federal court, recognized use of redaction to protect confidentiality and rejected use of redaction in that case); Eli Lilly & Co., Prozac Products Liability Litigation, 142 F.R.D. 454 (S.D.Ind.1992) (defendant did not seek to resist production of documents, but [358]*358merely wanted certain portions of those documents redacted to protect confidentiality). These cases do not support Defendants’ contention that the privacy rights of Whitehall’s non-party patients would be threatened by redaction of their names. Rather, these eases support the Court’s ruling.

Federal Rule of Civil Procedure (“Rule”) 26(c), which Plaintiff invokes for the purpose of obtaining the production of documents, provides:

Protective Orders. Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending ... may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense,

Fed.R.Civ.P.

Free access — add to your briefcase to read the full text and ask questions with AI

Arenson v. Whitehall Convalescent & Nursing Home, Inc., 161 F.R.D. 355, 1995 U.S. Dist. LEXIS 7585, 1995 WL 334337 (N.D. Ill. 1995).

161 F.R.D. 355 (Arenson v. Whitehall Convalescent & Nursing Home, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Meyer Material Co. v. Mooshol
188 F. Supp. 2d 936 (N.D. Illinois, 2002)
Jefferson v. Security Pacific Financial Services, Inc.
162 F.R.D. 123 (N.D. Illinois, 1995)