Judge: Theresa M. Traber, Case: BC648395, Date: 2023-08-11 Tentative Ruling

Case Number: BC648395    Hearing Date: November 17, 2023    Dept: 47

The Court advances and vacates the Case Management Conference and Informal Discovery Conference set for November 17, 2023 at 1:30 p.m. and issues the following case management order.

The Court lifts the discovery stay previously imposed in this case and bifurcates discovery and motions practice with the first phase to be devoted solely to resolving the issue of whether Defendant Bruce E. Fishman, M.D., was convicted of a “felony or misdemeanor related to his or her practice” within the meaning of 8 CCR §10(c), and the second phase to address other issues in the case, including other elements of liability and any monetary recovery that may be due to Plaintiffs. 

The first phase of discovery shall extend through July 31, 2024, when any discovery and/or motions practice on second phase matters may commence, unless the date is extended by Court order.  The Court sets a further Case Management Conference for June 14, 2024 at 9:00 a.m. to assess the progress of the parties’ first phase discovery and motions efforts, set the case for trial,  and address whether first phase issues should be set for trial separate from the remaining issues in the case. 

Because Plaintiff’s motions to compel answers to discovery are based on discovery that is incompatible with the Court’s phased discovery order and with the previous stay issued by Judge Hammock, the Court takes these motions off calendar and rules that it is premature for Plaintiff to pursue discovery on the second phase issues addressed in Plaintiff’s recent discovery requests.  Both parties are permitted to propound discovery but it must be limited to the first phase issues described in this minute order.