Laura M. Badeaux Versus Ochsner Health Systems, inc/ochsner Clinic Foundation Lhc Group, Inc.

• Court: Louisiana Court of Appeal
• Decided: September 30, 2024
• Docket: 24-C-438
• Status: Unknown

Opinion

LAURA M. BADEAUX NO. 24-C-438

VERSUS FIFTH CIRCUIT

OCHSNER HEALTH SYSTEMS, INC/OCHSNER COURT OF APPEAL CLINIC FOUNDATION LHC GROUP, INC. STATE OF LOUISIANA

September 30, 2024

Susan Buchholz Chief Deputy Clerk

IN RE LHC GROUP, INC.

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE JACQUELINE F. MALONEY, DIVISION "D", NUMBER 842-963

Panel composed of Judges Stephen J. Windhorst, John J. Molaison, Jr., and Timothy S. Marcel

WRIT DENIED

In this civil action involving an alleged slip and fall accident at a hospital, the relators seek a review of the trial court’s ruling that granted the plaintiff’s motion to compel a corporate deposition. The relators contend, in summary, that the deposition is improper for several reasons, including that the information sought had been previously provided to the plaintiff through discovery, that some of the information “could much more easily be obtained through written discovery,” and that several of the plaintiff’s listed areas of inquiry are “vague, ambiguous and overbroad.”

Upon review of the application, it does not appear that the relators introduced any evidence to support their arguments at the hearing on the plaintiff’s motion to compel. Documents attached to memoranda do not constitute evidence and cannot be properly considered on appeal unless they have been formally offered and introduced into evidence. Jackson v. United Servs. Auto. Ass'n Cas. Ins. Co., 08-333 (La. App. 5 Cir. 10/28/08), 1 So.3d 512, 515. Therefore, we have no basis for considering the merits of the relator’s arguments that the deposition is redundant or objectionable.

La. C.C. art. 1442 allows a party to “name as the deponent a public or private corporation or a partnership or association or governmental agency and designate with reasonable particularity the matters on which examination is requested.” The 19 areas of inquiry proposed by the plaintiff, included in the application, appear relevant and calculated to lead to discoverable evidence. The trial court has broad discretion in regulating pretrial discovery, and its decision will

24-C-438 not be disturbed on appeal absent a clear abuse of that discretion. Bell v. Treasure Chest Casino, L.L.C., 06-1538 (La. 2/22/07), 950 So.2d 654. We do not find that the subpoena at issue, on its face, is overly burdensome or that the trial court abused its discretion in allowing the deposition to move forward.

We note that the plaintiff’s counsel indicated on the record that the parties had not discussed the particularities of the wording in the notice and anticipated a narrowed scope of the deposition. Assuming the parties reach an impasse after attempting to coordinate the areas of inquiry, the relators will have recourse at the trial court.

On the showing made, we find an insufficient basis upon which to disturb the trial court’s ruling. Accordingly, we deny the writ application.

Gretna, Louisiana, this 30th day of September, 2024.

JJM SJW TSM

2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 09/30/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-C-438 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Jacqueline F. Maloney (DISTRICT JUDGE) Peter E. Sperling (Respondent) Lawrence J. Centola, III (Respondent) Halley S. Carter (Relator)

MAILED Kari D. Fleming (Respondent) Nairda T. Colon (Relator) Jason Z. Landry (Respondent) Attorney at Law Attorney at Law Attorney at Law 1100 Poydras Street 1100 Poydras Street 338 Lafayette Street Suite 3700 Suite 3700 New Orleans, LA 70130 New Orelans, LA 70163 New Orleans, LA 70163