United States District Court, E.D. Washington
EMPIRE HEALTH FOUNDATION, a Washington nonprofit corporation, Plaintiff,
CHS/COMMUNITY HEALTH SYSTEMS INC., a Delaware corporation; SPOKANE WASHINGTON HOSPITAL COMPANY LLC, a Delaware limited liability company; and SPOKANE VALLEY WASHINGTON HOSPITAL COMPANY LLC, a Delaware limited liability company, Defendants.
ORDER GRANTING DEFENDANTS' MOTION FOR PARTIAL
RECONSIDERATION OF PRETRIAL ORDER
Salvador Mendoza, United States District Judge
the Court, without oral argument, is Defendants CHS/Community
Health Systems Inc., Spokane Washington Hospital Company LLC,
and Spokane Valley Washington Hospital Company LLC's
Motion for Partial Reconsideration of Pretrial Order, ECF No.
244. They ask the Court to reconsider the portion of its July
29, 2019 Pretrial Order, ECF No. 238 at 48, that sustained
Plaintiff Empire Health Foundation's objections to
Defendants' exhibits 717, 719, and 721. Having reviewed
the motion and the file in this matter, the Court is fully
informed without the need for a response from Plaintiff.
See ECF No. 72 at 8. The Court grants the motion
based on Defendants' clarification of their purpose in
offering these exhibits.
Defendants filed their motion for reconsideration within
twenty-eight days after entry of the Pretrial Order, the
Court treats the motion as one to alter or amend the order
under Federal Rule of Civil Procedure 59(e). See Rishor v.
Ferguson, 822 F.3d 482, 489-90 (9th Cir. 2016); Am.
Ironworks & Erectors, Inc. v. N. Am. Constr. Corp.,
248 F.3d 892, 898-99 (9th Cir. 2001).
or amending an order under Rule 59(e) “is an
‘extraordinary remedy' usually available only when
(1) the court committed manifest errors of law or fact, (2)
the court is presented with newly discovered or previously
unavailable evidence, (3) the decision was manifestly unjust,
or (4) there is an intervening change in the controlling
law.” Rishor, 822 F.3d at 491-92 (quoting
Allstate Ins. Co. v. Herron, 634 F.3d 1101, 1111
(9th Cir. 2011)); accord McDowell v. Calderon, 197
F.3d 1253, 1255 n.1 (9th Cir. 1999) (en banc).
Defendants' exhibits 717, 719, and 721 are articles from
Spokane, Washington news sources, which discuss improvements
made to Deaconess Medical Center's emergency services.
Plaintiff objected to each exhibit on hearsay and relevance
grounds. ECF No. 182 at 48-49. Defendants responded that each
exhibit was (1) “not offered for its truth” and
(2) “relevant to Defendants' reasonable efforts to
increase charity care and the fashioning of an equitable
remedy in this case.” ECF No. 189 at 47-48. The Court
sustained Plaintiff's objections to these exhibits. ECF
No. 238 at 48. Although not stated in the Pretrial Order, the
Court reasoned these exhibits constitute hearsay.
their motion for reconsideration, Defendants clarify they
“offered these exhibits to show that Defendants made a
reasonable effort to increase charity care by notifying
the community about the availability of new emergency
services at Deaconess's facilities.” ECF No. 244 at
3 (emphasis added). Defendants elaborate these exhibits
“(regardless of their truth) demonstrate
Defendants' effort to attract patients to
Deaconess's emergency departments, the main point of
contact for charity-care-eligible patients.”
Id. (emphasis added)
this clarification, it is apparent that Defendants have
offered exhibits 717, 719, and 721 for an acceptable purpose
and not to “prove the truth of the matter asserted in
the statement.” Fed.R.Evid. 801(c)(2). Because these
exhibits do not constitute hearsay, the Court grants partial
reconsideration of the Pretrial Order in order to correct a
manifest legal error.
IT IS HEREBY ORDERED:
Defendants' Motion for Partial Reconsideration of
Pretrial Order, ECF No.
244, is GRANTED
The Court's July 29, 2019 Pretrial Order, ECF No.
238 at 48, is AMENDED as follows:
Plaintiffs objections to Defendants' exhibits 717, 719,
and 721, ECF No. 182, are OVERRULED
IT IS SO ORDERED.
Clerk's Office is directed to enter this Order and
provide copies to all counsel.