Van Horn vs. Hornbeak, et al.

Filing 172

ORDER GRANTING DEFENDANT MADERA COMMUNITY HOSPITAL'S MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH ITS MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJUDICATION signed by District Judge Lawrence J. O'Neill on December 29, 2009. (Lira, I)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Mario L. Beltramo, Jr., # 053146-0 Daniel L. Wainwright, # 193486 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant MADERA COMMUNITY HOSPITAL

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

DONDI VAN HORN, Plaintiff, v. TINA HORNBEAK individually and as Warden of Valley State Prison For Women; JAMES E. TILTON individually and as Secretary of the California Department of Corrections and Rehabilitation; ROBIN DEZEMBER individually and as Chief Deputy Secretary of California Department of Corrections and Rehabilitation; ROBERT SILLEN individually and as former California Health System Receiver; CLARK KELSON individually and as acting California Health System Receiver; DR. VIRK (First Name Unknown) individually and as Chief Medical Officer of Valley State Prison for Women; JAMES HEINRICH individually and as a physician employed at Valley State Prison for Women; MADERA COMMUNITY HOSPITAL; TINA DHILLON an individual; and NAEEM SIDDIQI an individual, Defendants.

Case No. 08 CV-01622-LJO-DLB ORDER GRANTING DEFENDANT MADERA COMMUNITY HOSPITAL'S MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH ITS MOTION FOR SUMMARY JUDGMENT, OR ALTERNATIVELY, SUMMARY ADJUDICATION Hearing Date: January 26, 2010 Hearing Time: 8:30 a.m. Courtroom: 4 Judge: Honorable Lawrence J. O'Neill Action Filed: Trial Date: 10/10/08 06/28/10

FILED UNDER SEAL

ORDER GRANTING DEFENDANT'S MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

This matter having come before the Court upon the Motion of Defendant, MADERA COMMUNITY HOSPITAL ("MCH"), to File Documents under Seal and GOOD CAUSE appearing; IT IS HEREBY ORDERED that the following documents submitted by MCH in support of its Motion for Summary Judgment/Adjudication shall be filed under seal: 1. Declaration of Daniel L. Wainwright filed in support of MCH's Motion for Summary Judgment/Adjudication, and the following exhibits therein (Exhibits "A" through "V"): a. Plaintiff's December 18, 2009 Fourth Amended Complaint for Deliberate Indifference to a Serious Medical Need pursuant to 42 U.S.C. §1983, Medical Malpractice, and Wrongful Death, which is the operative pleading in this case (Exhibit "A"); b. The relevant portions of the October 1, 2009 Deposition of Teresa Hansen, RN (129:13-15) (Exhibit "B"); c. The August 1, 2007 Prenatal Flow Record and Health History Summary of Plaintiff (AGO-MED #0079-81) (Exhibit "C"); d. The relevant portions of the October 1, 2009 Deposition of Dr. SIDDIQI (71:2-23, 72:5-21, 83:2-84:10, 89:11-15, 91:16-18, 106:2-6, 115:1-3) (Exhibit "D"); e. The August 4, 2007 MCH OB Exam Record of Plaintiff (MCH #0036) (Exhibit "E"); f. The relevant portions of the September 11, 2009 Deposition of VAN HORN (76:16-25, 77:1-4, 107:25, 108:1-7, 119:12-25, 151:10-17, 261-264, 267:14-21, 270:8-14) (Exhibit "F"); g. VAN HORN's responses to MCH's Request for Admissions, Set One, Nos. 1-2 (Exhibit "G"); h. The "Conditions of Admission" to MCH, which Plaintiff signed during her visit to MCH on August 4, 2007 (MCH #0176) (Exhibit "H"); i. The relevant portions of the November 6, 2009 Deposition of Dr. DHILLON (48:20-23, 49:1-15, 55:20-58:8, 91:10-12, 99:10-17, 101:2225, 102:16-25, 105:12-106:22, 106:6-8, 106:12-22, 109:19, 116:6-25, 118:17, 120:6-8, 124:15-16, 128:17-129:25, 134:17-18, 140:14-141:2, 141:20-143:17, 198:15-25) (Exhibit "I"); j. The relevant portions of the November 13, 2009 Deposition of Nurse Hodge (39:1-24, 51:15-20, 87:23-88:1, 89:21-90:5, 108:17-22) (Exhibit "J"); k. The August 20, 2007 MCH OB Exam Record of Plaintiff (MCH #0035) (Exhibit "K"); l. The August 21, 2007 MCH OB Exam Record of Plaintiff (MCH #0163) (Exhibit "L"); 2
ORDER GRANTING DEFENDANT'S MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

m. The August 26, 2007 MCH OB Exam Record of Plaintiff (MCH #0083) (Exhibit "M"); n. The August 26, 2007 MCH History and Physical Report of Plaintiff (MCH #0037-0038) (Exhibit "N"); o. The August 26, 2007 MCH Delivery Record of Plaintiff (MCH #0084) (Exhibit "O"); p. The relevant portions of the October 29, 2009 Deposition of Daun Martin (63:5-15) (Exhibit "P"); q. The relevant portions of the November 1, 2009 Deposition of Dr. HEINRICH (41:9-24, 47:8-17, 98:7-12, 136:24-137:9, 140:3-25) (Exhibit "Q"); r. The relevant portions of the July 27, 2009 Deposition of Donna Aldrich (26:9-20, 27:6-12, 29:5-15) (Exhibit "R"); s. The MCH GBS Prevention Policy, operative during the entire month of August, 2007 (MCH #00681) (Exhibit "S"); t. VAN HORN's responses to MCH's Request for Admissions, Set Two, Nos. 37-38, 48 (Exhibit "T"); u. Attached hereto as Exhibit "U" to this Declaration is a true and correct copy of VAN HORN's responses to MCH's March 5, 2009 Interrogatories, Set One; and, v. Attached hereto as Exhibit "V" to this Declaration is a true and correct copy of VAN HORN's responses to MCH's July 2, 2009 Interrogatories, Set Two; 2. Declaration of Heidi Funk, R.N. filed in support of MCH's Motion for Summary Judgment/Adjudication; 3. Declaration of Michael Nageotte, M.D. filed in support of MCH's Motion for Summary Judgment/Adjudication; 4. Declaration of Arthur Reingold, M.D. filed in support of MCH's Motion for Summary Judgment/Adjudication; 5. Declaration of John Frye filed in support of MCH's Motion for Summary Judgment/Adjudication and the exhibit attached therein (Exhibit "A"); 6. MCH's Notice Judgment/Adjudication; of Motion and Motion for Summary

7. Memorandum of Points and Authorities filed in support of MCH's Motion for Summary Judgment/Adjudication; 8. MCH's Statement of Undisputed Material Facts filed in support of its Motion for Summary Judgment/Adjudication; 9. MCH's Notice of Motion and Motion to File Documents Under Seal in 3

ORDER GRANTING DEFENDANT'S MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

connection with its Motion for Summary Judgment/Adjudication; 10. Declaration of Daniel L. Wainwright filed in support of MCH's Motion to File Documents Under Seal in connection with its Motion for Summary Judgment/Adjudication; 11. Memorandum of Points and Authorities filed in support of MCH's Motion to File Documents Under Seal in connection with its Motion for Summary Judgment/Adjudication; and 12. [Proposed] Order Granting MCH's Motion to File Documents Under Seal in connection with its Motion for Summary Judgment/Adjudication. It is further ORDERED that any members of the public, who desire access to the records sealed in connection with this Order, may bring an application to challenge the Order. Dated: December 29, 2009 /s/ Lawrence J. O'Neill The Honorable Lawrence J. O'Neill United States District Court Judge, Eastern District of California
66215/00060-1468620.v4

4
ORDER GRANTING DEFENDANT'S MOTION TO FILE DOCUMENTS UNDER SEAL IN CONNECTION WITH DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ ADJUDICATION