Smart v. California Highway Patrol, 2:17-cv-01075-TLN-EFB. (2018)
Court: District Court, E.D. California
Number: infdco20180731804
Visitors: 22
Filed: Jul. 30, 2018
Latest Update: Jul. 30, 2018
Summary: STIPULATION AND (PROPOSED) ORDER RE: "FIRST LOOK" AGREEMENT RE: DEFENDANTS' FEDERAL RULE OF CIVIL PROCEDURE 45 SUBPOENAS SEEKING DANIEL SHAHAM'S MEDICAL RECORDS EDMUND F. BRENNAN , Magistrate Judge . The parties, by and through their respective attorneys of record, hereby stipulate to the following order being issued in this matter: 1. On July 16 2018, Plaintiff's counsel received a Federal Rule of Civil Procedure 45 subpoenas for the Production of Documents which counsel for Defenda
Summary: STIPULATION AND (PROPOSED) ORDER RE: "FIRST LOOK" AGREEMENT RE: DEFENDANTS' FEDERAL RULE OF CIVIL PROCEDURE 45 SUBPOENAS SEEKING DANIEL SHAHAM'S MEDICAL RECORDS EDMUND F. BRENNAN , Magistrate Judge . The parties, by and through their respective attorneys of record, hereby stipulate to the following order being issued in this matter: 1. On July 16 2018, Plaintiff's counsel received a Federal Rule of Civil Procedure 45 subpoenas for the Production of Documents which counsel for Defendan..
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STIPULATION AND (PROPOSED) ORDER RE: "FIRST LOOK" AGREEMENT RE: DEFENDANTS' FEDERAL RULE OF CIVIL PROCEDURE 45 SUBPOENAS SEEKING DANIEL SHAHAM'S MEDICAL RECORDS
EDMUND F. BRENNAN, Magistrate Judge.
The parties, by and through their respective attorneys of record, hereby stipulate to the following order being issued in this matter:
1. On July 16 2018, Plaintiff's counsel received a Federal Rule of Civil Procedure 45 subpoenas for the Production of Documents which counsel for Defendants served or will serve by ACE Imaging Technologies, Inc. on the following entity:
(1.) Marin General Hospital, seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically.";
(2.) Alta Bates Medical Center, seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically.";
(3.) Daniel Scott May, seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically.";
(4.) Shai Lavie, LMFT, seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically.";
(5.) Olga Segal, M.D., seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically.";
(6.) Janak Mehtani, M.D., seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically.";
(7.) Miguel Fraguela, M.D., seeking "[a]ny and all records relating to decedent Daniel Shaham, from June 4, 2011, to the present, including but not limited to diagnoses, treatment (including therapy and prescriptions), and counseling for any medical or mental health condition including psychiatric, psychological, or drug or alcohol dependency, including applications and/or inquiries for service, medical records, summaries/reports, treatment and progress notes, tests, studies, laboratory reports or results, correspondence (including communications between facility and patient and or patient's representatives), diagnosis notes and reports, prognosis notes and reports, consultation records, sign-in sheets, documents relating to patient history, and examination and any other records or logs, handwritten notes, including but not limited to any records/documents that may be stored digitally and/or electronically."
The subpoenas have a production date and time of August 6, 2018 at 10:00 a.m.
2. Plaintiff's counsel contend that the subpoenaed documents likely contain privileged information to which Defendants not entitled, and that the subpoenas as drafted are overbroad insofar as they seek discovery of all Daniel's medical records and so seek information protected by Daniel's physician-patient privilege and privacy rights, and which is neither proportional to the needs of this case nor relevant to the claims and defenses in this matter.
3. Plaintiff's counsel and Defendants' counsel met and conferred by email on July 17, 2018.
The parties agree to the following "First-Look" Procedure:
a. Counsel for Defendants shall instruct ACE Imaging Technologies, Inc. to obtain the subpoenaed documents on August 6, 2018; however, instead of producing the documents to counsel for Defendants, ACE Imaging Technologies, Inc. shall instead produce the documents directly to Plaintiff's counsel's business address: Haddad & Sherwin LLP, 505 17th Street, Oakland, CA 94612.
b. Upon receipt of the subpoenaed documents from ACE Imaging Technologies, Inc., Plaintiff's counsel will then have seven (7) business days to review the documents to see if they contain any privileged information. If the documents do contain such information, Plaintiff's counsel shall redact and/or withhold the pages containing that information and Plaintiff's shall create a privilege log complying with Federal Rules of Civil Procedure 45(e)(2)(A)(i)-(ii) and 26(b)(5)(A)(i)-(ii).
c. On or before the seventh (7th) business day after receiving the records from ACE Imaging Technologies, Inc., Plaintiff's counsel shall serve the subpoenaed documents by Federal Express Priority Overnight on Defendants' counsel; if Plaintiff's counsel has redacted and/or withheld any information, they shall also concurrently serve the privilege log described in ¶ 3(b), above.
4. Counsel for Defendants shall pay for ACE Imaging Technologies, Inc. in obtaining the documents and producing them to Plaintiff's counsel, and Plaintiff's counsel shall pay to send them by Federal Express Priority Overnight to Counsel for Defendants.
5. Counsel for Defendants reserves their rights to seek production of any documents that are withheld and/or redacted by plaintiff's counsel pursuant to the terms of this agreement. Should any such discovery dispute not be subject to resolution through the meet and confer process, defendants reserve their rights to file discovery motions with the court seeking an Order requiring production of withheld documents.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
(PROPOSED) ORDER
PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.
Source: Leagle
