April 24, 2013
CLAUDIA DESILVA, GREGG LAMBDIN, KELLY IWASIUK, EILEEN BATES-BORDIES, MARGARET HALL, AND BRENDA GAINES, ON BEHALF OF THEMSELVES AND ALL OTHER EMPLOYEES SIMILARLY SITUATED, PLAINTIFFS,
NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM INC., NORTH SHORE-LONG ISLAND JEWISH HEALTH CARE, INC., PENINSULA HOSPITAL CENTER, FOREST HILLS HOSPITAL, FRANKLIN HOSPITAL, GLEN COVE HOSPITAL, HUNTINGTON HOSPITAL ASSOCIATION, LONG ISLAND JEWISH MEDICAL CENTER, LONG ISLAND JEWISH HOSPITAL, ZUCKER HILLSIDE HOSPITAL, NORTH SHORE UNIVERSITY HOSPITAL, PLAINVIEW HOSPITAL, SCHNEIDER CHILDREN'S HOSPITAL, SOUTHSIDE HOSPITAL, STATEN ISLAND UNIVERSITY HOSPITAL, SYOSSET HOSPITAL, MICHAEL J. DOWLING, JOSEPH CABRAL, AND NORTH SHORE-LONG ISLAND JEWISH HEALTH SYSTEM 403B PLAN, DEFENDANTS.
The opinion of the court was delivered by: E. Thomas Boyle United States Magistrate Judge
I have reviewed the National Database of Nursing Quality Indicators ("NDQI") Exhibits A-G submitted for in camera review. These documents relate to defendant hospital personnel and address areas such as meal breaks, non-meal breaks, hours worked, registered nurses working extra hours and staffing levels adjusted by shift, which are relevant disclosure in this action.
These surveys were taken of Huntington Hospital and Long Island Jewish Hospital personnel, who seek to be joined in this FLSA collective/class action complaint. While the survey results are blind as to the source of any particular responding employee at the named defendant facilities, these documents nonetheless meet the relevancy test under Rule 26(b) and are germane to claims and/or defenses in this action. See Fed. R. Civ. P. 26(b).
Accordingly, these documents shall be produced within five (5) days to the plaintiffs in toto subject to the terms of the confidentiality order issued today in this action.
In addition, an officer or director of North Shore-Long Island Jewish Health System, within fourteen (14) days, shall provide an affidavit attesting to the diligence of a search for similar "NDQI" surveys relating to other party defendants remaining in this action. Any such other surveys shall be produced within fourteen (14) days in addition to the affidavit noted above.
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