Kleiman v. Oregon Health & Science University
3:24-cv-00327
| D. Or. | Jan 6, 2025Background
- Plaintiff, previously part of a clinical residency program, alleges breach of contract and negligence related to academic dismissal after failing three Clinical Skills Assessments.
- Plaintiff filed an original complaint in state court, then an amended complaint, after which the case was removed to federal court by Defendant.
- There was initial confusion over which complaint was operative; Defendant treated the amended complaint as operative, but the court clarified only the original had been properly served and removed.
- Plaintiff sought to compel discovery of medical records, arguing they were needed to support claims of improper evaluation and unfair dismissal.
- Plaintiff moved for reconsideration after the court limited discovery to clinical assessment records directly tied to the dismissal, rather than broader medical records.
- The court ultimately granted leave to file the amended complaint and re-evaluated the discovery motion in light of the broader claims asserted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which complaint is operative | Amended complaint, as filed in state court, should control | Original complaint was removed | Original complaint is operative, but amendment permitted |
| Scope of relevant discovery | All medical records from assessments and other patients | Only records from three failed assessments relevant | Only documentation from three failed assessments ordered produced |
| Relevance of third-party patient records | Records of all patients and residents needed for fairness | Only plaintiff's assessments are pertinent | Third-party patient records not relevant or proportional |
| Court's power to allow amended pleading | Amendment should be allowed to reflect full claims | No substantial objection, already treating as operative | Leave granted to file amended complaint |
Key Cases Cited
- Prazak v. Local 1 Int’l Union of Bricklayers, 233 F.3d 1149 (9th Cir. 2000) (addresses procedural effect of removal on state court pleadings)
- Portland Gen. Elec. Co. v. Ebasco Servs., Inc., 263 Or. App. 53 (Or. Ct. App. 2014) (operative effect of service of amended complaint under Oregon law)