Federal Judge Harold Murphy of Rome, Ga., has ruled in favor of Erlanger Health System in its quest to gain documents from the Hospital Authority of Dade, Walker and Catoosa counties.
In a 93-page opinion, Judge Murphy said the requests by Erlanger seek relevant information.
He said it is "abundantly clear" that the Hospital Authority responses are deficient.
Judge Murphy also said Erlanger is entitled to attorney fees and court costs for its effort to compel the documents.
Erlanger and the Hospital Authority sued each other after Erlanger for a time managed the financially-ailing Hutcheson Medical Center at Fort Oglethorpe. Hutcheson eventually filed for bankruptcy and was sold.
Erlanger put $20 million into Hutcheson, and that amount was backed by Walker and Catoosa counties.
Judge Murphy wrote, "The court finds that the Hospital Authority's amended responses tend to show that its original responses were deficient."
He said, "The court finds it difficult to believe that the Hospital Authority would not have more relevant, non-privileged documents within its possession, custody or control."
Judge Murphy said, "Moreover, the court finds that it is perfectly reasonable to require the Hospital Authority to explain precisely what efforts it has made to locate responsive documents. The Hospital Authority's responses and amended responses are, frankly, simply not credible. The Hospital Authority should have more documents in its possession, custody or control that are responsive to the request.
"It appears to the court that the Hospital Authority, for whatever reason, has not conducted a diligent or thorough search for responsive documents. Without obtaining information concerning the Hospital Authority's efforts to locate responsive documents, Erlanger and the court cannot determine the extent to which the Hospital Authority may be evading its discovery obligations. The court, therefore, will require the Hospital Authority to provide an affidavit to Erlanger describing the efforts that it made to locate responsive documents."