Meadows v. Reeves, et al.

Filing 125

ORDER After Telephonic Conference Re: Discovery Dispute, signed by Magistrate Judge Jennifer L. Thurston on 1/18/17. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHANN MEADOWS, 12 Plaintiff, 13 14 v. Case No. 1:11-cv-00257 JLT (PC) ORDER AFTER TELEPHONIC CONFERENCE RE: DISCOVERY DISPUTE DR. REEVES, 15 Defendant. 16 17 At the request of counsel for the plaintiff, the Court held an informal, telephonic 18 conference regarding discovery disputes. After discussion with counsel, the Court ORDERS: 19 1. Counsel SHALL work together to obtain the mental health records of the plaintiff. 20 The Court anticipates that Ms. Meadows will cooperate in this process. Ms. Huang SHALL 21 provide Mr. Wrosch with a signed release no later than 1/27/17 or notify him that Ms. Meadows 22 will not provide the release. In this event, counsel should immediately seek an informal 23 conference with the Court to resolve whe1ther the Court will issue an order requiring the 24 production of the records notwithstanding Ms. Meadows’ objection; 25 2. The Court reminds counsel that if Ms. Meadows intends to rely only upon her 26 testimony related to her emotional damages and will not seek to introduce evidence related to any 27 mental health treatment, unless the mental health records reveal information that bears further on 28 1 1 1 2 the is topic, the Court will not be inclined to permit experts as the existence and extent of this 3 injury is within the capabilities of the jury to determine (See Fed. R. Evid. 701, 702); 4 5 3. In the event the defendant seeks to procure an expert on the medical issues, the Court will be inclined to appoint an impartial expert for the assistance of the trier of fact. 6 7 8 IT IS SO ORDERED. Dated: January 18, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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