Thomas-Young v. Memorial Hospital Foundation et al

Filing 23

ORDER Re: Informal Discovery Dispute Conference, signed by Magistrate Judge Sheila K. Oberto on 6/27/2013. (Defendant may file a supplemental brief re plaintiff's emotional distress damages no later than July 1, 2013, at 12:00 p.m. (noon). Pl aintiff shall file an opposition brief by no later than July 3, 2013, at 12:00 p.m. (noon). The motion shall be deemed submitted at that time; no further argument or briefing will be permitted unless requested by the Court. The discovery deadline is not continued at this time.)(Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DIANE THOMAS-YOUNG,

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Case No. 1:12-cv-01410-AWI-SKO

Plaintiff,
ORDER RE: INFORMAL DISCOVERY
DISPUTE CONFERENCE

v.
SUTTER CENTRAL VALLEY
HOSPITALS dba MEMORIAL
MEDICAL CENTER,

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Defendant.

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On June 26, 2013, an informal telephonic discovery conference was held in chambers and

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off the record before Magistrate Sheila K. Oberto. During the conference, the Court issued the

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following rulings:

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1.

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The continuation of Defendant Sutter Central Valley Hospital DBA Memorial Medical

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Center's ("Defendant") deposition of Plaintiff Diane Thomas-Young ("Plaintiff) shall take place

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prior to the end of July 2013, on a date mutually agreeable to the parties. The deposition length

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on that date may not exceed a total of four (4) hours.

Plaintiff's Deposition.

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2.

Discovery Related to Plaintiff's Emotional Distress Damages.

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Plaintiff's claim for "garden variety" emotional distress damages does not waive the

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privilege regarding the content of her medical and psychotherapy records; however, facts
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concerning the existence of such treatment are not privileged. As such, Plaintiff is required to

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produce information and answer questions regarding her attendance at psychotherapy sessions,

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but Defendant may not inquire into the content of those sessions.

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3.

Supplemental Briefing Regarding Plaintiff's Emotional Distress Damages.

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Defendant may file a supplemental brief, with citations to Ninth Circuit and/or California

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federal authority, to establish that Defendant is entitled to discovery of all of Plaintiff's medical

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records due to Plaintiff's claim of garden variety emotional distress damages.

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Defendant's brief shall be filed by no later than July 1, 2013, at 12:00 p.m. (noon).

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Plaintiff shall file an opposition brief by no later than July 3, 2013, at 12:00 p.m. (noon). The

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motion shall be deemed submitted at that time; no further argument or briefing will be permitted

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unless requested by the Court.

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4.

Plaintiff's Depositions of Defendant's Witnesses.

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Plaintiff's depositions of Defendant's witnesses shall be held on the dates noticed by

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Plaintiff for the end of July and the beginning of August 2013, or upon other mutually agreeable

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dates as determined by the parties. The depositions of Defendant's witnesses are not contingent

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upon the completion of Plaintiff's deposition by Defendant.

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5.

Plaintiff's Responses to Defendant's Discovery Requests.

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Pursuant to the parties’ agreement, Plaintiff shall provide supplemental responses and

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initial responses to Defendant's discovery requests on the dates previously agreed upon by the

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parties.

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6.

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The discovery deadline is not continued at this time. The Court will consider continuing

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Continuation of Discovery Deadline.

the discovery deadline upon a showing of good cause.

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IT IS SO ORDERED.
Dated:

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June 27, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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