United States District Court, M.D. Louisiana
AIDS HEALTHCARE FOUNDATION, INC.
CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE, THROUGH THE CITY OF BATON ROUGE DIVISION OF HUMAN DEVELOPMENT AND SERVICES
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE.
the Court is Defendant's Motion to Compel. (R. Doc. 79).
The motion is opposed. (R. Doc. 97). Defendant has filed a
Supplemental Brief and Reply. (R. Docs. 90, 103).
April 10, 2017, AIDS Healthcare Foundation, Inc.
(“Plaintiff” or “AHF”) commenced this
action, naming as defendant the City of Baton Rouge/Parish of
East Baton Rouge, through the City of Baton Rouge Division of
Human Development and Services (“Defendant” or
“EBR”). (R. Doc. 1). AHF has twice amended the
complaint. (R. Doc. 10; R. Doc. 47)
seeks declaratory relief, injunctive relief, and damages
arising from EBR's decision not to renew its
federally-funded Ryan White Program Contract
(“Contract”) with AHF. (Doc. 10, “Am.
Compl.” ¶¶ 1, 4). On October 2, 2015, EBR
issued a request for proposal (“RFP”) (R. Doc.
10-1), which sought proposals from qualified public or
non-profit entities to become a sub-recipient of EBR's
Ryan White Program funds to assist in providing core services
to persons living with HIV/AIDS. (Am. Compl. ¶¶ 29,
31). AHF and EBR entered into the Contract (R. Doc. 10-2)
with an effective date of March 1, 2016. (Am. Compl. ¶
41). The Contract provided for an initial term of March 1,
2016 to February 28, 2017, and the RFP provided that
“[u]p to two additional 12-month renewal awards may be
made based upon the availability of funds and acceptable
contract performance.” (Am. Compl. ¶ 43) (quoting
R. Doc. 10-1 at 9).
the Contract, AHF, a sub-recipient of EBR's federal
funds, provided medical services to uninsured and
underinsured people with HIV/AIDS in Baton Rouge, Louisiana.
(Am. Compl. ¶ 1). AHF also participates in the 340B
Program of the Public Health Services Act, 42 U.S.C. §
256b, which is a separate federal program that allows certain
healthcare providers to buy drugs at discounted rates. (Am.
Compl. ¶¶ 2, 21). In January 2017, EBR scheduled a
routine Ryan White Program monitoring review of AHF's
operations related to its 2016-17 Contract. (Am. Compl.
¶ 49). Pursuant to Section XXI. “Program
Income” of the Contract, EBR requested production of
several documents to review, including documents regarding
AHF's use of the 340B Program. (Am. Compl. ¶ 50).
AHF refused to comply, explaining that it did not believe EBR
had the authority to collect and review AHF's 340B
documentation. (Am. Compl. ¶ 51).
April 18, 2017, EBR wrote to AHF to inform it of the
non-renewal of the Contract due to its failure to submit
documentation requested by Defendant concerning the 340B
program. (Am. Compl. ¶ 70). EBR informed AHF that it
would be transitioning AHF's patients to other agencies;
however, some of AHF's patients indicated that they
wished to continue to receive services from AHF. (Am. Compl.
¶ 70-71). AHF continued to provide these services, even
though it had to pay for these services with its own funds,
and has billed EBR for reimbursement. (Am. Compl.
March 2, 2018, AHF responded to EBR's discovery requests
served on or about January 31, 2018. (R. Doc. 79-3). At issue
is EBR's Request for Production No. 7, and AHF's
responses, which are as follows:
REQUEST FOR PRODUCTION NO. 7:
Please produce all contracts between AHF and any grantee for
Ryan White Parts A, B, C, D or F for all AHF clinics and
pharmacies located in the United States of America from
January 1, 2012 to the present.
RESPONSE TO REQUEST FOR PRODUCTION NO. 7:
AHF objects to Request for Production No. 7 as overly broad,
unduly burdensome, and seeking information that is not
relevant to the parties' claim or defenses as it seeks
all contracts between AHF and any grantee for Ryan White
Parts A, B, C, D or F for all AHF clinics and pharmacies
throughout the country. AHF operates more than 40 clinics and
more than 40 pharmacies in the United States in fifteen
different states. This lawsuit relates only to the Ryan White
Part A Program in Baton Rouge, Louisiana; other Ryan White
programs in other localities are not at issue. Further, EBR
is already in possession of the Contract with AHF.
(R. Doc. 79-3 at 14).
22, 2018, the parties held a discovery conference in which
they discussed the potential production by AHF “of the
contracts for its approximately forty (40) clinics.”
(R. Doc. 79-4; see R. Doc. 79 at 2). That same day,
AHF agreed to produce its Part A and Part B contracts in
approximately two weeks. (R. Doc. 79-5). EBR responded that
it needed the contracts ...