Commonwealth v. Hon. Thomas D. Wingate
Annotate this CaseKentucky Spirit Health Care Plan, Inc. brought a declaratory judgment action seeking a ruling that it had a right to terminate its Medicaid managed care contract with the Commonwealth of Kentucky, Finance and Administration Cabinet, without penalty, prior to the contract’s expiration. The circuit court granted partial summary judgment for the Cabinet. Both parties appealed. While the appeals were pending, the circuit court stayed Kentucky’s Spirit’s discovery efforts until the resolution of the appeals. Kentucky Spirit petitioned for a writ prohibiting the circuit court judge from enforcing the order imposing the stay of discovery. The court of appeals granted the writ, determining that the trial court’s suspension of discovery amounted to an indefinite stay on discovery without a pressing need to do so. The Supreme Court vacated the writ and remanded for entry of an order denying Kentucky Spirit’s petition for a writ of prohibition, holding that the circuit court did not abuse its discretion by temporarily staying discovery pending the resolution of matters in the appellate courts pertaining to the partial summary judgment.
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