Hollman v. Woolfson

745 S.E.2d 105, 404 S.C. 385, 2013 WL 3366668, 2013 S.C. LEXIS 163
CourtSupreme Court of South Carolina
DecidedJuly 3, 2013
DocketAppellate Case No. 2012-210888; No. 27280
StatusPublished

This text of 745 S.E.2d 105 (Hollman v. Woolfson) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hollman v. Woolfson, 745 S.E.2d 105, 404 S.C. 385, 2013 WL 3366668, 2013 S.C. LEXIS 163 (S.C. 2013).

Opinion

Justice PLEICONES.

This is a direct appeal from the trial court’s denial of a motion for entry of a ruling on a motion for reconsideration and from the trial court’s underlying order denying a motion for rule to show cause, for sanctions, and for modification of a protective order. We reverse.

FACTS

In 1999 and 2001, John Hollman underwent three laser-assisted in situ keratomileusis (LASIK) eye surgeries performed by physician employees of TLC Laser Eye Centers (Piedmont/Atlanta), LLC, and TLC The Laser Center (Institute), Inc. (appellants). In the next several years, his vision deteriorated. In 2007, he filed an action against appellants as well as Dr. Jonathan Woolfson, Dr. Michael A. Campbell, and [388]*388others, alleging medical malpractice. His wife, Danielle Hollman, filed an action for loss of consortium (both actions hereinafter “Hollman,” since they have been treated as if consolidated).

In the course of discovery, the Hollmans (respondents) became aware that appellants had compiled a “Complex Case” and “Patient Advocacy” database. They requested that appellants produce the database as well as the medical records of some nonparty patients. Appellants opposed the request. The trial court ordered appellants to produce the requested items subject to a protective order designed to protect the private health information of nonparty patients from unnecessary exposure.

The protective order defined “Confidential Health Information” by reference to HIPAA definitions of protected information. In addition, it defined as Confidential Health Information materials that contained, were based on, or were derived from such Confidential Health Information. The protective order limited use of Confidential Health Information to Hollman1 and limited disclosure to necessary personnel in that litigation. It required that, within sixty days after the termination of the action, all materials designated as Confidential Health Information be returned to the producing party or destroyed and all work product materials containing or referring to Confidential Health Information be destroyed. Appellants thereupon produced the database.

Subsequently, respondents filed a motion to modify the protective order to permit respondents’ counsel to contact and interview patients whose confidential health information was contained in the database. The motion was granted. Appellants filed a petition for writ of certiorari to this Court, asking the Court to exercise its original jurisdiction on the basis of exceptional circumstances in order to review that order. This Court granted the petition, reversed the trial court’s order, and remanded for further proceedings to determine whether the information to be gained by contacting and interviewing the nonparty patients was both relevant and necessary to respondents’ claims. On remand, the trial court concluded it [389]*389was. This Court granted appellants’ petition for writ of certiorari to review this ruling and vacated the trial court’s order. Hollman v. Woolfson, 384 S.C. 571, 683 S.E.2d 495 (2009).

In March 2010, six months after this Court’s opinion and while Hollman was still pending in circuit court, respondent John Hollman filed a class action complaint against appellants and many of their employees in United States District Court. In June 2010, appellants and respondents entered into a settlement agreement under which they settled all claims in both the state and federal actions. Appellants were dismissed from Hollman. Respondents’ claims against the individual physicians had not been settled, so Hollman proceeded without appellants. As a result of the settlement, John Hollman withdrew from the federal class action, but a new lead plaintiff, Dickerson, was substituted, an action contemplated in the settlement.

In July 2010, Dickerson moved in the federal class action for precertification discovery to compel production of the database. Contemporaneously, appellants filed a notice of motion and motion for rule to show cause, motion to modify the protective order, and motion for sanctions in Hollman, although they were no longer parties in that action. Appellants cited what they alleged to be persistent, ongoing violations of the protective order by respondents and their counsel.

In August 2010, the Hollman trial court issued an order denying the motion. Appellants moved for reconsideration. In November 2010, the trial court held a hearing on that motion and indicated orally it would be denied. The trial court instructed respondents’ counsel to draft the order.

In April 2011, respondents settled their claims against the remaining state court defendants in Hollman. Respondents’ counsel wrote a letter to appellants’ counsel on April 20, 2011, informing them of the settlement and impending dismissal of Hollman. The letter also indicated that respondents’ counsel had not drafted an order denying appellants’ Rule 59(e) motion but were prepared to do so. Appellants’ counsel did not reply. In May 2011, the trial court dismissed Hollman.

In September 2011, appellants moved the court to order respondents’ counsel to prepare an order denying appellants’ [390]*390Rule 59(e) motion or, in the alternative, that the court prepare such an order. The trial court held a hearing on the motion in November 2011 and, by order of January 2012, denied the motion in part and granted it in part. It denied appellants’ motion for reconsideration, finding it lacked subject matter jurisdiction over appellants’ request as a result of the dismissal of the case. Notwithstanding this finding, it also held that settlement and dismissal of the case operated as a final adjudication, barring further litigation of pre-settlement violations of the protective order. It held appellants waived their right to a written order denying the Rule 59(e) motion by failing to respond to respondents’ counsel’s letter advising of the impending dismissal of the case without an order on appellants’ Rule 59(e) motion. Turning to the protective order itself, the trial court held it retained jurisdiction to hear appellants’ request for return of the database and granted their motion to compel observance of the protective order and return of the database, but subject to conditions it found had been consented to by the parties. Specifically, it ordered appellants’ counsel to retain all returned database materials in its office and ordered that all work product materials governed by the protective order be filed under seal with the trial court until further order. The trial court denied appellants’ motion for sanctions. This appeal followed.

ISSUES

I. Do procedural bars prevent this Court from reviewing the August 2010 order?
II. Did the trial court err as a matter of law when it interpreted the protective order?

DISCUSSION

I. Procedural bars

Appellants argue the trial court erred when it ruled that, because Hollman was dismissed before an order ruling on appellants’ motion for reconsideration was entered, it lacked jurisdiction to enter such an order. We agree.

Despite finding it lacked jurisdiction to enter an order ruling on appellants’ motion for reconsideration, the trial court [391]

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Related

Davis v. Jennings
405 S.E.2d 601 (Supreme Court of South Carolina, 1991)
Ex Parte Bland
667 S.E.2d 540 (Supreme Court of South Carolina, 2008)
Hollman v. Woolfson
683 S.E.2d 495 (Supreme Court of South Carolina, 2009)
Miles v. Miles
711 S.E.2d 880 (Supreme Court of South Carolina, 2011)
City of North Myrtle Beach v. East Cherry Grove Realty Co.
725 S.E.2d 676 (Supreme Court of South Carolina, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
745 S.E.2d 105, 404 S.C. 385, 2013 WL 3366668, 2013 S.C. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollman-v-woolfson-sc-2013.