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

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