377 So.3d 418
La. Ct. App.2023Background
- Plaintiff Thomas Riggio sued after a 2019 automobile accident; Dr. K. Samer Shamieh (DISC of Louisiana) treated injuries at issue.
- Defendant-appellant Ports America Louisiana, L.L.C. (PAL) served a September 7, 2022 subpoena duces tecum on non-party DISC seeking eleven categories of documents (medical and broad financial records, including records relating to other patients and clients of plaintiff’s counsel).
- PAL limited its dispute in the motion to categories 4–11; PAL asserted the materials could show financial bias that would impeach Dr. Shamieh and the necessity of Riggio’s surgery.
- DISC represented it produced responsive materials it maintained but explained certain requested categories were not kept in an accessible form and production would be unduly burdensome.
- The district court denied PAL’s motion to compel; PAL appealed. The Fourth Circuit affirmed the denial, holding the subpoena’s broad non-party requests were improper given relevancy, good-cause, and burden considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non-party DISC must produce broad financial and patient records beyond Riggio’s treatment to show bias | Riggio: requests beyond his treatment are irrelevant or invasive | PAL: records could show financial bias/impeachment of treating physician | Court: Requests beyond Riggio’s treatment are improper; subpoena quashed as to those categories |
| Whether PAL showed the relevancy and good cause required for a non-party subpoena | Riggio: PAL failed to show good cause for broad, fishing-expedition requests | PAL: relevant to bias and impeachment, so good cause exists | Court: Good-cause/relevancy standard applies; PAL did not justify overly broad categories |
| Whether DISC’s inability to produce records electronically makes enforcement unduly burdensome | Riggio/DISC: many requested records are not maintained in a searchable form; production would be unduly burdensome | PAL: DISC should produce responsive materials regardless | Court: Burden and manner of record keeping are proper considerations; quashed where production would be unduly burdensome |
| Whether the trial court abused its discretion by denying the motion to compel | Riggio: no abuse; discovery ruling proper | PAL: denial was an abuse and misapplication of law | Court: No abuse of discretion; appellate court affirmed |
Key Cases Cited
- Stolzle v. Safety & Systems Assur. Consultants, Inc., 819 So.2d 287 (La. 2002) (non-party records require relevancy and good-cause for production)
- Fauria v. Dwyer, 857 So.2d 1138 (La. App. 4 Cir. 2003) (wide-ranging subpoenas of treating physicians for impeachment material are inappropriate)
- Qurashi v. Rosenow, 367 So.3d 730 (La. App. 4 Cir. 2022) (courts may consider burdensomeness where records aren’t maintained in an accessible form)
- Bank of New Orleans & Trust Co. v. Reed Printing & Custom Graphics, Ltd., 399 So.2d 1260 (La. App. 4 Cir. 1981) (subpoena duces tecum must be limited to relevant or necessary information)
- St. Bernard Port, Harbor & Terminal Dist. v. Violet Dock Port, Inc., L.L.C., 147 So.3d 1266 (La. App. 4 Cir. 2014) (discovery determinations as to non-parties are appealable final judgments)