Price v. Cunningham et al

Filing 75

ORDER DIRECTING Defendants to Provide Supplemental Briefing on Motion for Protective Order, signed by Magistrate Judge Barbara A. McAuliffe on 10/15/2012. Fifteen Day Deadline. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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FRED PRICE,

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CASE NO. 1:08-cv-00425-AWI-BAM PC
Plaintiff,

ORDER DIRECTING DEFENDANTS TO
PROVIDE SUPPLEMENTAL BRIEFING ON
MOTION FOR PROTECTIVE ORDER

v.
S. R. CUNNINGHAM, et al.,

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(ECF Nos. 64, 66, 68)

Defendants.

FIFTEEN DAY DEADLINE
/

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Plaintiff Fred Price (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. On July 19, 2012, Plaintiff filed a motion

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for a protective order due to the subpoena by Defendants for his medical records. Plaintiff contends

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that the subpoena is overly broad and attempts to obtain irrelevant information. Defendants contend

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that Plaintiff has placed his medical records at issue and the records are relevant.

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Upon review of the pleadings, Defendants subpoena duces tecum requested all of Plaintiff’s

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medical records. On its face this appears to be overly broad as Defendants did not limit the

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information by time period or by requesting records that are related to the medical conditions at issue

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in this action. Accordingly, within fifteen days from the date of service of this order, Defendants are

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ordered to provide supplemental briefing to inform the Court if they have received the requested

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records and to identify by category the dates of the records received and to identify their relevance

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in this action.

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IT IS SO ORDERED.
Dated:
10c20k

October 15, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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