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Paula Underhill, Individually and As v. the Coleman Company

October 5, 2012

PAULA UNDERHILL, INDIVIDUALLY AND AS SPECIAL ADMINISTRATOR OF THE ESTATE OF GALEN UNDERHILL, AND SEAN UNDERHILL, PLAINTIFFS,
v.
THE COLEMAN COMPANY, INC., DEFENDANT.



The opinion of the court was delivered by: Wilkerson, Magistrate Judge:

ORDER

This matter comes before the Court on a discovery dispute raised by the Plaintiffs in a Telephonic Discovery Dispute Conference held on September 11, 2012 (Doc. 47). At that conference, Plaintiffs argued that Defendant's responses to Plaintiffs' requests for admission were insufficient under the Federal Rules. The Court ordered briefing on the matter. This issue is now fully briefed and ripe for ruling.

On July 24, 2012, Plaintiffs issued a Second Set of Requests for Admission to Defendant (Doc. 34). The following requests and answers are at issue:

1. Admit as to Exhibit A, which is a copy of Sean Underhill's medical bills from the Anderson Hospital, that:

a. Exhibit A is a genuine copy of bills incurred as a result of an accident involving Sean Underhill on April 10, 2010, at which time he was exposed to carbon monoxide.

RESPONSE: Coleman cannot truthfully admit or deny section 1.a. of this Request as Coleman has never examined the genuine originals of medical bills created for the care of Sean Underhill. Consequently, Coleman cannot truthfully admit or deny whether Exhibit A constitutes true and correct copies of originals that Coleman has never seen.

b. Exhibit A represents charges for services which were necessary for conditions occurring as a result of an accident involving Sean Underhill on April 10, 2010, at which time he was exposed to carbon monoxide.

RESPONSE: Coleman cannot truthfully admit or deny section 1.b. of this Request as there is no evidence in this case, via the opinion of an expert or otherwise, that all services rendered were necessary to treat Sean Underhill's condition.

c. That the total charges billed in Exhibit A of $14,027.57 are reasonable charges for the services performed.

RESPONSE: Coleman cannot truthfully admit or deny section 1.c. of this Request as there is no evidence in this case, via the opinion of an expert or otherwise, that all services rendered to treat Sean Underhill's condition were reasonable.

2. Admit, as to Exhibit B, which are medical records produced by Anderson Hospital that:

a. The medical records attached as Exhibit B are true and accurate copies of medical records of Anderson Hospital, with regard to care and treatment provided to Sean Underhill.

RESPONSE: Coleman cannot truthfully admit or deny section 2.1. of this Request as Coleman has never examined the genuine originals of medical bills created for the care of Sean Underhill. Consequently, Coleman cannot truthfully admit or deny whether Exhibit B constitutes genuine copies of originals that Coleman has never seen.

b. The medical records attached as Exhibit B were created and maintained in the ordinary course of business of Anderson Hospital and were created by or at the direction of someone with knowledge of the material contained therein at or around ...


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