Critical Nurse Staffing, Inc. v. Giving Home Health Care, LLC

Full title: CRITICAL NURSE STAFFING, INC., Plaintiff, v. GIVING HOME HEALTH CARE, LLC, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: Jul 19, 2013

Facts

On October 12, 2012, CNS filed a complaint against Defendant Giving Home Health Care, LLC (“Home Health”) alleging claims of civil conspiracy, intentional interference with contract, tortious interference with contract, and violations of 15 U.S.C. § 1125, by misleading both current and prospective Energy Employees Occupational Illness Compensation Program Act (“EEOICPA”)  clients. [Doc. 1.] CNS seeks an award of damages concerning all four causes of action. [Doc. 1, at 6.]

More specifically, CNS argues that representatives of Home Health engaged in actions “with the specific purpose of damaging CNS’s business operations within New Mexico” and that Home Health engaged in a civil conspiracy with unnamed co-conspirators. [Doc. 17, at 1.] CNS alleges that Home Health engaged in such activities with individuals who were under contract with CNS to provide in-home health care services to its patients and that Home Health knew or should have known about the contracts. [Id., at 2.]

Issue

Decision

IT IS THEREFORE ORDERED that:

(1) CNS’s motion to compel [Doc. 51] is DENIED, with the exception of one possible area, as described herein; and
(2) CNS’s motion for extension of discovery [Doc. 85] is DENIED.

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