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DISCOVERY - EX PARTE COMMUNITY HEALTH SYSTEMS PROFESSIONAL SERVICES CO. V. AFFINITY HOSPITAL, LLC

In Ex Parte Community Health Systems Professional Services Co. v. Affinity Hospital, LLC, [Ms. 1100523, May 6, 2011] __ So. 3d __(Ala. 2011), the Supreme Court denied CHSPSC's Petition for Writ of Mandamus to prevent the plaintiff from taking the deposition of its chief executive officer and president. CHSPSC contended that the trial court had exceeded its discretion by denying its motion for a protective order because the plaintiff sought to depose its chief executive officer only to obtain duplicative information and to harass and unduly burden CHSPSC. The Court held that, because the chief executive officer had personal knowledge relevant to Plaintiff's claims, CHSPSC failed to establish a clear legal right to a protective order prohibiting the deposition and, therefore, the trial court did not exceed its discretion. Accordingly, the Petition for Writ of Mandamus was denied.

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