Jackson v. Kaplan Higher Education, LLC, et al.

Filing 19

ORDER Regarding November 24, 2014 Discovery Conference, signed by Magistrate Judge Barbara A. McAuliffe on 11/25/2014. (Herman, H)

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UNITES STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARCELLA JACKSON,

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Case No. 1:14-CV-00073-AWI-BAM

Plaintiff,
v.
KAPLAN HIGHER EDUCATION, LLC, a
Delaware limited liability company, KAPLAN
HIGHER EDUCATION CORPORATION, an
unknown business entity, KAPLAN, INC., a
Delaware corporation, and Does 1 through 20,
inclusive,

ORDER REGARDING NOVEMBER 24,
2014 DISCOVERY CONFERENCE

Defendants.

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______________________________________/

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On November 24, 2014, the Court conducted an informal discovery dispute conference.
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Amanda Whitten appeared telephonically on behalf of Plaintiff, Marcella Jackson (“Plaintiff”).

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Philippe Lebel, appeared telephonically on behalf of Defendant, Kaplan Higher Education, LLC
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(“Kaplan”).

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During the conference, the parties stipulated to an informal resolution of the following

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discovery disputes: (1) The non-appearance of an out-of-state third-party witness from Matrix

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Absence Management (“Matrix”) at a subpoenaed deposition; and (2) Kaplan’s recently issued

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subpoenas seeking to compel Plaintiff’s medical records for the past five years.
ORDER REGARDING
NOVEMBER 24, 2014 DISCOVERY CONFERENCE

CASE NO. 1:14-CV-00073-AWI-BAM

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Having carefully considered the arguments of the parties, it is hereby ORDERED as
follows:
(1)

The Court is unable to rule on Plaintiff’s request to compel the deposition of a

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corporate witness from Matrix pursuant to Rules 30(b)(6) and 45 of the Federal Rules of Civil

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because it lacks jurisdiction to do so. To enforce the subpoena, Plaintiff must comply with Fed. R.

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Civ. P. 45 in the appropriate district.

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(2)

Given Plaintiff’s allegations of severe and ongoing mental and emotional distress,

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Plaintiff has waived any privacy interest in her medical records. Accordingly, Kaplan is entitled

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to discovery of Plaintiff’s mental and physical health records for the time period beginning

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November 1, 2011 through the present, from the health care providers served with the subpoenas.

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These health care providers include: Kaiser Permanente; Community Behavioral Health Center;

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the Fresno County Department of Behavioral Health; and Roberta Samples, MSN, APRN, FNP-

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BC, Anderson Medical Associates. All records must be produced at the place(s) identified in the

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subpoenas on or before December 12, 2014. Pursuant to the parties’ agreement, Plaintiff shall

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sign the appropriate medical releases, sufficiently in advance of the production date, to effectuate

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the production of her records pursuant to the subpoenas and this Order; and

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(3)

The Court extends the non-expert discovery deadline for the parties to file any

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motion or application regarding these issues no later than December 19, 2014. The Court

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encourages the parties to resolve any issues related to these disputes informally. If a motion is

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filed, it must be brought on shortened time.

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IT IS SO ORDERED.
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Dated:

/s/ Barbara

November 25, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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ORDER REGARDING
NOVEMBER 24, 2014 DISCOVERY CONFERENCE

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