Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tholen v. Assist America, Inc.

United States District Court, D. Minnesota

June 6, 2019

Richard H. Tholen, M.D., Plaintiff,
v.
Assist America, Inc., Defendant.

          ORDER ADOPTING REPORT AND RECOMMENDATION

          DONOVAN W. FRANK UNITED STATES DISTRICT JUDGE

         This matter is before the Court upon Defendant Assist America, Inc.'s (“Defendant”) objections (Doc. No. 259) to Magistrate Judge Steven E. Rau's April 18, 2019 Report and Recommendation (Doc. No. 247) insofar as it recommends that Defendant be sanctioned as follows: (1) Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident provided insufficient information to properly decide whether to evacuate an Assist America member; (2) Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident provided insufficient information to properly decide whether an Assist America member was receiving appropriate medical care; (3) Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident was not sufficiently disseminated to its employees, depriving the employees of guidance from Assist America to properly decide whether to evacuate an Assist America member; (4) Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident was not sufficiently disseminated to its employees, depriving the employees of guidance from Assist America to properly decide whether an Assist America member was receiving appropriate medical care; and (5) Assist America's failure will give rise to the adverse inference that Assist America has now altered its operations manual as a result of Dr. Tholen's incident. Plaintiff filed a response in opposition to Defendant's objections on May 20, 2019, (Doc. Nos. 263, 264), and a Declaration of Patrick M. Arenz in Support of Plaintiff's Response in Opposition to Defendant's Objection to Report and Recommendation. (Doc. No. 264.)

         The Court has conducted a de novo review of the record, including a review of the arguments and submissions of counsel, pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference for purposes of Defendant's objections.

         Based upon the de novo review of the record and all of the arguments and submissions of the parties and the Court being otherwise duly advised in the premises, the Court hereby enters the following:

         ORDER

         1. Defendant Assist America, Inc.'s objections (Doc. No. [259]) to Magistrate Judge Steven E. Rau's April 19, 2019 Report and Recommendation are OVERRULED.

         2. Magistrate Judge Steven E. Rau's April 19, 2019 Report and Recommendation (Doc. No. [247) is ADOPTED.

         Accordingly, IT IS HEREBY ORDERED that Assist America is sanctioned as follows:

         3. Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident provided insufficient information to properly decide whether to evacuate an Assist America member.

         4. Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident provided insufficient information to properly decide whether an Assist America member was receiving appropriate medical care.

         5. Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident was not sufficiently disseminated to its employees, depriving the employees of guidance from Assist America to properly decide whether to evacuate an Assist America member.

         6. Assist America's failure will give rise to the adverse inference that Assist America's operations manual in effect at the time of Dr. Tholen's incident was not sufficiently disseminated to its employees, depriving the employees of guidance from Assist America to properly decide whether an Assist America member was receiving appropriate medical care.

         7. Assist America's failure will give rise to the adverse inference that Assist America has now altered its operations manual as a result of Dr. Tholen's incident.

         8. The Court will address at the pretrial hearing the content of and timing for when instructions relating to these adverse inferences should be given to the jury, including the Court's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.