Marziale v. Correct Care Solutions LLC

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

CHRISTINA MARZIALE, Individually and as mother of Baby Boy Marziale; and DANA MCcLAIN, Administrator of the Estate of Elaine Marziale PLAINTIFFS

No. 5:18-cv-86-DPM

CORRECT CARE SOLUTIONS LLC; MAKITA LAGRANT; STEPHEN COOK; and WELLPATH LLC DEFENDANTS

ORDER Marziale and McLain’s motion to subpoena witnesses for Zoom trial testimony, Doc. 339, is denied. The desired corporate witnesses are in Nashville, Tennessee— more than 100 miles from Little Rock—and are therefore beyond the reach of a trial subpoena. FED. R. Civ. P. 43(c); Pointer v. DART, 417 F.3d 819, 821 (8th Cir. 2005). Though Federal Rule of Civil Procedure 43(a) permits remote testimony, it doesn’t nullify Rule 45(c)’s geographic limitations. The Court is open to some agreement between the parties for remote testimony of some witnesses but declines to order it. Marziale and McLain’s fourth motion in limine, Doc. 343, is mostly denied. First, the deadline for the motion has long passed, Doc. 220 & 324, and no good cause for deviating from the Scheduling Order has

been provided. Second, the motion seeks relief beyond that previously ordered. It’s been established that Marziale had a “serious medical need” during her pregnancy and the babies’ delivery. Doc. 304 & 325. But, Marziale and McLain still have the burden to prove the remaining elements of their claims. Third, there’s no objection to avoiding argument about licensure actions undertaken by the Arkansas State Board of Nursing against any of the Defendants. That exclusion is granted as agreed. And last, the shape of the jury instructions — including how to handle unvaccinated jurors and discussion of the COVID-19 pandemic — will be sorted in due course. So Ordered. regalo D.P. Marshall Jr. United States District Judge ae. Jone, HOA\

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