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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
DISC Diagnostic Medical Imaging et al. vs. SCDHEC et al.

AGENCY:
South Carolina Department of Health and Environmental Control

PARTIES:
Petitioner:
DISC Diagnostic Medical Imaging and Roper Hospital

Respondent:
South Carolina Department of Health and Environmental Control and Charleston Physicians Imaging Center
 
DOCKET NUMBER:
95-ALJ-07-0398-CC

APPEARANCES:
n/a
 

ORDERS:

ORDER

This matter comes before me upon discovery motions filed by Respondent Charleston Physicians Imaging Center (hereinafter referred to as "CPIC"). CPIC filed a Motion to Amend Expert Witness List on January 18, 1996, and a Motion to Compel Answers to Respondent's Modified Requests for Production on January 29, 1996. Pursuant to the Court's Prehearing Order dated October 25, 1995, the above Motions are to be decided upon brief or memorandum, without oral argument.

MOTION TO AMEND DENIED

Pursuant to the Court's Prehearing Order dated October 25, 1995, the parties were required to exchange the names and addresses of potential expert witnesses by November 30, 1995, and all discovery is to be completed by February 29, 1996. CPIC served all parties with its list of experts on November 20, 1995. By Motion filed January 18, 1996, CPIC seeks to add two more expert witnesses to its list. Since the filing of CPIC's Motion to Amend on January 18, 1996, several Petitioners have been dismissed as parties. Health Images, Inc., d/b/a Charleston Magnetic Imaging (CMI), was dismissed as a party on February 1, 1996. North Trident Regional Hospital, Inc., d/b/a Trident Regional Medical Center and Trident MRI Associates, L.P., were dismissed as parties on February 8, 1996. Of the remaining parties, only Petitioner DISC Diagnostic Medical Imaging (hereinafter referred to as "DISC") opposes CPIC's Motion to Amend Expert Witness List. CPIC's original expert witness list contains eight witnesses, two of whom are radiologists. The two additional experts CPIC seeks to list are also physician radiologist experts.

For the reasons set forth in CMI's Memorandum in Opposition filed January 22, 1996, incorporated by reference as the argument of DISC in its Response in Opposition filed on

January 26, 1996,

IT IS HEREBY ORDERED that Respondent's Motion to Amend Expert Witness List is denied.

MOTION TO COMPEL ANSWERS TO RESPONDENT'S

MODIFIED REQUESTS FOR PRODUCTION

CPIC's Motion to Compel was filed on January 29, 1996, and served on all parties. Pursuant to the Court's Prehearing Order dated October 25, 1995, responsive memorandums or briefs to prehearing motions must be filed no later than ten (10) days from the date of receipt of the motion. Allowing five (5) days for mailing, responses should have been filed by February 9, 1996. No response has been filed to date; however, the Court received a copy of correspondence from Mr. Altman to Mr. Kaynard dated February 13, 1996, which indicates that DISC intends to produce the material requested by CPIC.

Because DISC has failed to timely respond to CPIC's Motion to Compel and because it appears that DISC intends to produce the requested material,

IT IS HEREBY ORDERED that CPIC's Motion to Compel Answers to Respondent's Modified Requests for Production is granted.

IT IS FURTHER ORDERED that DISC shall produce all materials requested in CPIC's Modified Requests for Production no later than February 29, 1996.

AND IT IS SO ORDERED.

___________________________________

STEPHEN P. BATES

ADMINISTRATIVE LAW JUDGE

February 15, 1996

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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