Arcure, et al. v. Meeker, et al.

Filing 164

STIPULATION Order to Resolve Discovery Dispute Regarding Plaintiff Cook's Medical Records (See Doc. 141); ORDER. Having considered the stipulated order to resolve the discovery dispute regarding Plaintiff Cooks medical records and the motion for a protective order concerning those records production (Doc. 146), the Court adopts the stipulation in its entirety. This Order terminates plaintiffs motion for protective order. (Doc. 141.) signed by Magistrate Judge Barbara A. McAuliffe on 2/9/2015. (Herman, H)

1
2
3
4
5
6
7
8

KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
JUDITH A. RECCHIO, State Bar No. 163060
Supervising Deputy Attorney General
AMY LINDSEY DOYLE State Bar No. 242205
Deputy Attorney General
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Department of
Developmental Services, Douglas Loehner and
Michael Flores

9
10
11
12

LAWRENCE J. KING (BAR NO. 120805)
Law Offices of Lawrence J. King
11 Western Avenue
Petaluma, CA 94952
Telephone: [phone]
Facsimile: [phone]

13
14

Attorney for Plaintiffs Arcure,
Cook & Fesenden

15
16

IN THE UNITED STATES DISTRICT COURT

17

FOR THE EASTERN DISTRICT OF CALIFORNIA

18

FRESNO DIVISION

19

YVONNE ARCURE, KEVIN COOK, &
JOSEPH FESSENDEN,

20
21
v.

STIPULATED ORDER TO RESOLVE
Plaintiffs, DISCOVERY DISPUTE REGARDING
PLAINTIFF COOK’S MEDICAL
RECORDS (SEE DOC. 141); ORDER

22
23

25

CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
DEBORAH MEEKER, JEFFREY
BRADLEY, DOUGLAS LOEHNER,
DAVID CORRAL, & MICHAEL FLORES,

26

Defendants.

24

27
28

1:13-cv-00541-LJO-BAM

1
2
3
4
5
6
7
8
9

STIPULATION
Plaintiff and Defendant California Department of Developmental Services (“DDS”) have
reached an agreement that resolves their discovery dispute regarding three of DDS’s subpoenas
for Plaintiff Cook’s medical and mental health records that are the subject of a motion for a
protective order (Doc. 141). The terms of the stipulation are as follows:
All of Plaintiff Cook’s medical and mental health records that have been

1.

subpoenaed by DDS shall be produced to Matthew Besmer, Deputy Attorney General, but may
only be used for purposes of this litigation and may only be shared with the following, without
further stipulation of the parties or order of the Court:

10



Members of the California Attorney General’s Office working on this case;

11



Hiren Patel;

12



Kate Jeffries;

13



A medical expert of defense counsel’s choice.

14
15

2.

Information obtained from Cook’s medical records may be used for appropriate

personnel actions only with prior approval from the Court.

16
17

SO STIPULATED

18
19
Dated: February 6, 2015

Respectfully submitted,

20

22

KAMALA D. HARRIS
Attorney General of California
JUDITH A. RECCHIO
Supervising Deputy Attorney General

23

//s// Matthew T. Besmer

24

MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants

21

25
26
27
28

1

Dated: February

, 2015

LAW OFFICES OF LAWRENCE J. KING

2
3
/s/ Lawrence J. King____
Lawrence J. King
Attorney for Plaintiff Cook

4
5
6
7
8
9
10
11

ORDER ON STIPULATION
Having considered the stipulated order to resolve the discovery dispute regarding Plaintiff
Cook’s medical records and the motion for a protective order concerning those records production
(Doc. 146), the Court adopts the stipulation in its entirety. This Order terminates plaintiffs’ motion
for protective order. (Doc. 141.)

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

IT IS SO ORDERED.
Dated:

February 9, 2015

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE