Atayde v. Napa State Hospital et al

Filing 105

ORDER Re 104 Stipulated "First Look" Agreement re: Defendants' Federal Rule of Civil Procedure 45 Subpoenas seeking Plaintiff's Decedent's Medical and Medical Billings Records, signed by Magistrate Judge Stanley A. Boone on 07/21/17. (Martin-Gill, S)

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MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
T. KENNEDY HELM (State Bar No. 282319)
MAYA SORENSEN (State Bar No. 250722)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

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SANJAY S. SCHMIDT (SBN 247475)
LAW OFFICE OF SANJAY S. SCHMIDT
1388 Sutter Street, Suite 810
San Francisco, CA 94109
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff Lucy Atayde

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LUCY ATAYDE, Individually and as Successor in
Interest of Decedent RICHARD MICHAEL RAMIREZ,

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Plaintiff,
vs.
NAPA STATE HOSPITAL, STATE OF CALIFORNIA
DEPARTMENT OF STATE HOSPITALS, a public
entity, DOLLY MATTEUCCI, Individually, DANA
WHITE, R.N., Individually, CALIFORNIA FORENSIC
MEDICAL GROUP, INC., TAYLOR FITHIAN, M.D.,
HEATHER GOODE, M.D., SEAN RYAN, R.N.,
DEBORAH MANDUJANO, R.N.,CORINA DENNING,
R.N., COUNTY OF MERCED, a municipal corporation,
former Sheriff TOM CAVALLERO, in his Individual
and Official Capacities, Undersheriff JASON GOINS,
and DOES 1 THROUGH 10, Jointly and Severally,
Defendants.

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No: 1:16-cv-00398-DAD-SAB
ORDER RE: STIPULATED
“FIRST LOOK” AGREEMENT
RE: DEFENDANTS’ FEDERAL
RULE OF CIVIL PROCEDURE
45 SUBPOENAS SEEKING
PLAINTIFF’S DECEDENT’S
MEDICAL, AND MEDICAL
BILLING RECORDS
(ECF No. 104)

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The parties, by and through their respective attorneys of record, hereby stipulate to the
following order being issued in this matter:

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1. On July 20, 2017, Plaintiff’s counsel Haddad & Sherwin LLP received copies of seven

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Federal Rule of Civil Procedure 45 subpoenas for the Production of Documents which

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Defendants’ counsel served on July 18–19, 2017 on the following entities, seeking the

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following documents pertaining to Plaintiff’s deceased son, Richard Michael Ramirez:

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a. Harper Medical Group, Inc., 9300 Tech Center Drive, Suite 210, Sacramento, CA
95826 (Work Order No. 464279-01) seeking:
THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ANY AND ALL MEDICAL RECORDS, DOCUMENTS,
MEDICAL REPORTS, INCLUDING DOCTORS' ENTRIES, NURSES' CHARTS,
PROGRESS REPORTS, PHYSICAL THERAPY RECORDS, PATHOLOGY
REPORTS, X-RAY REPORTS, LAB REPORTS, CASE HISTORY, EMERGENCY
ROOM RECORDS, ADMITTING SHEETS, SPECIAL TESTS, INPATIENT AND
OUTPATIENT RECORDS, AND ANY SIGN-IN SHEETS PERTAINING TO THE
CARE AND TREATMENT, DIAGNOSIS, PROGNOSIS, CONDITION,
DISCHARGE, INSURANCE RECORDS, ALL BILLINGS, STATEMENT OF
CHARGES, STATEMENTS OF ACCOUNTS, WRITINGS, AND DOCUMENTS
REFLECTING THE FOLLOWING: ANY AND ALL PAYMENTS MADE OR
RECEIVED IN REFERENCE TO RICHARD MICHAEL RAMIREZ, DOB:
10/27/1987/POSSIBLE DOB: 10/24/1987, SS#: , ANY AND ALL CREDITS,
ADJUSTMENTS, WRITE-OFFS, RECONCILIATIONS, CONTRACT PRICE
PAYMENTS OR REDUCTION, PAYMENTS BY ANY HEALTH INSURANCE
ENTITY, PERSONAL PAYMENTS BY OR TO SAID PATIENT FROM ANY
SOURCE, HMO, PPO, MEDI-CAL, MEDICARE OR CONTRACT PAYMENTS
BY ANY ENTITY CONCERNING SAID PATIENT, BILLING LEDGERS,
REPORTS AND/OR STATEMENTS OF CHARGES RENDERED AND ANY
INSURANCE RECORDS, INCLUDING BUT NOT LIMITED TO ANY
RECORDS/DOCUMENTS THAT MAY BE STORED DIGITALLY AND/OR
ELECTRONICALLY THIS REQUEST FOR RECORDS INCLUDES ANY AND
ALL EVIDENCE OF ANY PAYMENTS FROM ANY SOURCE REGARDING
THE ACCOUNT OF THIS PATIENT TO OR FROM ANY PERSON AND/OR
ENTITY, INCLUDING BUT NOT LIMITED TO ANY RECORDS/DOCUMENTS
THAT MAY BE STORED DIGITALLY AND/OR ELECTRONICALLY
INCLUDING ALL PATIENT ORDERS AND PATIENT RESULTS AND
SPECIFICALLY FOR ANY DISCHARGE ORDERS, ALL DETAILED SCREEN
SHOTS WITHIN ANY COMPUTER SYSTEM AFFECTING OR RELATING TO
RICHARD MICHAEL RAMIREZ, DOB: 10/27/1987/POSSIBLE DOB:
10/24/1987, SS#: . TO INCLUDE RECORDS FROM RHONDA LOVE, LCSW,
FSICPP.

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b. Riggs Ambulance Service, 1743 Ashby Road, Merced, CA 95341 (Work Order No.
464279-02), seeking:

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THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ALL DISPATCH AND RESPONSE LOGS,
TREATMENT, MEDICAL AND BILLING RECORDS, AND ANY OTHER
RECORDS OR LOGS, INCLUDING BUT NOT LIMITED TO ANY
RECORDS/DOCUMENTS THAT MAY BE STORED DIGITALLY AND/OR
ELECTRONICALLY RELATING TO RICHARD MICHAEL RAMIREZ, DOB:
10/27/1987/POSSIBLE DOB: 10/24/1987, SS#: .
c. Mercy Medical Center Merced, 2740 M Street, 1st Floor, Merced, CA 95340 (Work
Order No. 464279-03), seeking:
THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ANY AND ALL MEDICAL RECORDS, DOCUMENTS,
MEDICAL REPORTS, INCLUDING DOCTORS' ENTRIES, NURSES' CHARTS,
PROGRESS REPORTS, PHYSICAL THERAPY RECORDS, PATHOLOGY
REPORTS, X-RAY REPORTS, LAB REPORTS, CASE HISTORY, EMERGENCY
ROOM RECORDS, ADMITTING SHEETS, SPECIAL TESTS, INPATIENT AND
OUTPATIENT RECORDS, AND ANY SIGN-IN SHEETS, INCLUDING BUT
NOT LIMITED TO ANY RECORDS/DOCUMENTS THAT MAY BE STORED
DIGITALLY AND/OR ELECTRONICALLY PERTAINING TO THE CARE AND
TREATMENT, DIAGNOSIS, PROGNOSIS, CONDITION, DISCHARGE,
AFFECTING OR RELATING TO RICHARD MICHAEL RAMIREZ, DOB:
10/27/1987/POSSIBLE DOB: 10/24/1987, SS#: .
d. Mercy Medical Center Merced-Billing, 2740 M. Street, 2nd Floor, Merced, CA
95340 (Work Order No. 464279-04), seeking:
THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ANY AND ALL BILLINGS, STATEMENT OF
CHARGES, STATEMENTS OF ACCOUNTS, WRITINGS, AND DOCUMENTS
REFLECTING THE FOLLOWING: ANY AND ALL PAYMENTS MADE OR
RECEIVED IN REFERENCE TO RICHARD MICHAEL RAMIREZ, DOB:
10/27/1987/POSSIBLE DOB: 10/24/1987, SS#: , ANY AND ALL CREDITS,
ADJUSTMENTS, WRITE-OFFS, RECONCILIATIONS, CONTRACT PRICE
PAYMENTS OR REDUCTION, PAYMENTS BY ANY HEALTH INSURANCE
ENTITY, PERSONAL PAYMENTS BY OR TO SAID PATIENT FROM ANY
SOURCE, HMO, PPO, MEDI-CAL, MEDICARE OR CONTRACT PAYMENTS
BY ANY ENTITY CONCERNING SAID PATIENT, BILLING LEDGERS,
REPORTS AND/OR STATEMENTS OF CHARGES RENDERED AND ANY
INSURANCE RECORDS, INCLUDING BUT NOT LIMITED TO ANY
RECORDS/DOCUMENTS THAT MAY BE STORED DIGITALLY AND/OR
ELECTRONICALLY THIS REQUEST FOR RECORDS INCLUDES ANY AND
ALL EVIDENCE OF ANY PAYMENTS FROM ANY SOURCE REGARDING

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THE ACCOUNT OF THIS PATIENT TO OR FROM ANY PERSON AND/OR
ENTITY.

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e. Mercy Medical Center Merced-X Rays, 333 Mercy Avenue, Merced, CA 95340
(Work Order No. 464279-05), seeking:
THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ANY AND ALL FILMS, ORIGINAL X-RAY FILMS, CT
SCANS AND MRI FILMS, INCLUDING ANY FILMS/IMAGES THAT MAY BE
STORED DIGITALLY/ELECTRONICALLY, RELATING TO RICHARD
MICHAEL RAMIREZ, DOB: 10/27/1987/POSSIBLE DOB: 10/24/1987, SS#:
f. Central Valley Toxicology, Inc., 1580 Tollhouse Road, Clovis, CA 93611 (Work
Order No. 464279-06), seeking:

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THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ANY AND ALL MEDICAL RECORDS, DOCUMENTS,
MEDICAL REPORTS, INCLUDING DOCTOR'S ENTRIES, NURSES' CHARTS,
PROGRESS REPORTS, PHYSICAL THERAPY RECORDS, PATHOLOGY
REPORTS, PATHOLOGY SLIDES, (RE-CUTS), WET TISSUE SAMPLES,
AND TISSUE BLOCKS, ALL FILMS, ORIGINAL X-RAY FILMS, MRI'S, CT
SCANS, INCLUDING ANY FILMS/IMAGES THAT MAY BE STORED
DIGITALLY/ELECTRONICALLY, X-RAY REPORTS, LAB REPORTS, CASE
HISTORY, EMERGENCY ROOM RECORDS, ADMITTING SHEETS, SPECIAL
TESTS, INPATIENT AND OUTPATIENT RECORDS, AND ANY SIGN-IN
SHEETS PERTAINING TO THE CARE AND TREATMENT, DIAGNOSIS,
PROGNOSIS, CONDITION, DISCHARGE, INSURANCE RECORDS, ALL
BILLINGS, STATEMENT OF CHARGES, STATEMENTS OF ACCOUNTS,
WRITINGS, AND DOCUMENTS REFLECTING THE FOLLOWING:
ANY AND ALL PAYMENTS MADE OR RECEIVED IN REFERENCE TO SAID
PATIENT, ANY AND ALL CREDITS, ADJUSTMENTS, WRITE-OFFS,
RECONCILIATIONS, CONTRACT PRICE PAYMENTS OR REDUCTION,
PAYMENTS BY ANY HEALTH INSURANCE ENTITY, PERSONAL
PAYMENTS BY OR TO SAID PATIENT FROM ANY SOURCE, HMO, PPO,
MEDI-CAL, MEDICARE OR CONTRACT PAYMENTS BY ANY ENTITY
CONCERNING SAID PATIENT, BILLING LEDGERS, REPORTS AND/OR
STATEMENTS OF CHARGES RENDERED AND ANY INSURANCE
RECORDS, INCLUDING BUT NOT LIMITED TO ANY
RECORDS/DOCUMENTS THAT MAY BE STORED DIGITALLY AND/OR
ELECTRONICALLY THIS REQUEST FOR RECORDS INCLUDES ANY AND
ALL EVIDENCE OF ANY PAYMENTS FROM ANY SOURCE REGARDING
THE ACCOUNT OF THIS PATIENT TO OR FROM ANY PERSON AND/OR
ENTITY, INCLUDING BUT NOT LIMITED TO ANY RECORDS/DOCUMENTS
THAT MAY BE STORED DIGITALLY AND/OR ELECTRONICALLY
INCLUDING ALL PATIENT ORDERS AND PATIENT RESULTS AND
SPECIFICALLY FOR ANY DISCHARGE ORDERS, ALL DETAILED SCREEN

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SHOTS WITHIN ANY COMPUTER SYSTEM AFFECTING OR RELATING TO
RICHARD MICHAEL RAMIREZ, DOB: 10/27/1987/POSSIBLE
DOB: 10/24/1987, SS#: . TO INCLUDE RECORDS FROM BILL POSEY.
g. Forensic Medical Group, Inc., 1261 Travis Blvd., #120, Fairfield, CA 94533 (Work
Order No. 464279-07), seeking:
THE RECORDS REQUESTED ARE regardless of date FOR THE FOLLOWING
TYPES OF RECORDS: ANY AND ALL MEDICAL RECORDS, DOCUMENTS,
MEDICAL REPORTS, INCLUDING DOCTOR'S ENTRIES, NURSES' CHARTS,
PROGRESS REPORTS, PHYSICAL THERAPY RECORDS, PATHOLOGY
REPORTS, PATHOLOGY SLIDES, (RE-CUTS), WET TISSUE SAMPLES, AND
TISSUE BLOCKS, ALL FILMS, ORIGINAL X-RAY FILMS, MR.I'S, CT SCANS,
INCLUDING ANY FILMS/IMAGES THAT MAY BE STORED
DIGITALLY/ELECTRONICALLY, X-RAY REPORTS, LAB REPORTS, CASE
HISTORY, EMERGENCY ROOM RECORDS, ADMITTING SHEETS, SPECIAL
TESTS, INPATIENT AND OUTPATIENT RECORDS, AND ANY SIGN-IN
SHEETS PERTAINING TO THE CARE AND TREATMENT, DIAGNOSIS,
PROGNOSIS, CONDITION, DISCHARGE, INSURANCE RECORDS, ALL
BILLINGS, STATEMENT OF CHARGES, STATEMENTS OF ACCOUNTS,
WRITINGS, AND DOCUMENTS REFLECTING THE FOLLOWING: ANY AND
ALL PAYMENTS MADE OR RECEIVED IN REFERENCE TO SAID PATIENT,
ANY AND ALL CREDITS, ADJUSTMENTS, WRITE-OFFS,
RECONCILIATIONS, CONTRACT PRICE PAYMENTS OR REDUCTION,
PAYMENTS BY ANY HEALTH INSURANCE ENTITY, PERSONAL
PAYMENTS BY OR TO SAID PATIENT FROM ANY SOURCE, HMO, PPO,
MEDI-CAL, MEDICARE OR CONTRACT PAYMENTS BY ANY ENTITY
CONCERNING SAID PATIENT, BILLING LEDGERS, REPORTS AND/OR
STATEMENTS OF CHARGES RENDERED AND ANY INSURANCE
RECORDS, INCLUDING BUT NOT LIMITED TO ANY
RECORDS/DOCUMENTS THAT MAY BE STORED DIGITALLY AND/OR
ELECTRONICALLY THIS REQUEST FOR RECORDS INCLUDES ANY AND
ALL EVIDENCE OF ANY PAYMENTS FROM ANY SOURCE REGARDING
THE ACCOUNT OF THIS PATIENT TO OR FROM ANY PERSON AND/OR
ENTITY, INCLUDING BUT NOT LIMITED TO ANY RECORDS/DOCUMENTS
THAT MAY BE STORED DIGITALLY AND/OR ELECTRONICALLY
INCLUDING ALL PATIENT ORDERS AND PATIENT RESULTS AND
SPECIFICALLY FOR ANY DISCHARGE ORDERS, ALL DETAILED SCREEN
SHOTS WITHIN ANY COMPUTER SYSTEM AFFECTING OR RELATING TO
RICHARD MICHAEL RAMIREZ, DOB: 10/27/1987/POSSIBLE DOB:
10/24/1987, SS#: . TO INCLUDE RECORDS OF MARK SUPER, M.D.

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2. All seven subpoenas have a production date and time of August 14, 2017 at 9:00 a.m.

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3. Plaintiff’s counsel contend that the subpoenaed documents may contain privileged

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information, and that the subpoenas as drafted are overbroad insofar as most of them seek

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discovery of Mr. Ramirez’s entire medical history at any time, and so seek information

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protected by his privacy rights, by his physician-patient privilege, and also seek information

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which is neither proportional to the needs of this case nor relevant to the claims and defenses

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in this matter. Defendants dispute plaintiff’s contentions but nevertheless seek to resolve the

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discovery of the subpoenaed information as discussed below.

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4. Plaintiff’s counsel and CFMG Defendants’ counsel met and conferred by phone on July 21,
2017. The parties agree to the following “First-Look” Procedure:

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a. Defendants’ counsel shall instruct Ronsin Litigation Support Services (“Ronsin”) to

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obtain the subpoenaed documents on the production date of August 14, 2017 at 9:00

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a.m.; however, instead of producing the documents to Defendants’ counsel,

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Defendants’ counsels shall instruct Ronsin to produce the documents in electronic

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form (as .pdf files where possible) directly to Plaintiff’s counsel.

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b. Upon receipt of the subpoenaed documents from Ronsin, Plaintiff’s counsel will then

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have seven (7) business days to review the documents to see if they contain any

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privileged information, or information otherwise outside the scope of discovery. If

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the documents do contain such privileged information, or information otherwise

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outside the scope of discovery, Plaintiff’s counsel shall redact, using Adobe Acrobat,

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such information and/or withhold the pages containing that information. Plaintiff’s

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counsel shall create a privilege log complying with Federal Rules of Civil Procedure

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45(e)(2)(A)(i)–(ii) and 26(b)(5)(A)(i)–(ii).

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c. On or before the seventh (7th) business day after receiving the records from Ronsin,

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Plaintiff’s counsel shall serve the subpoenaed documents, as .pdf files, either by

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electronic means (by email or dropbox) or by Federal Express Priority Overnight, on

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Defendants’ counsel. If Plaintiff’s counsel has redacted and/or withheld any

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information, Plaintiff’s counsel shall also concurrently serve the privilege log

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described in ¶ 4(b), above.

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5. Defendants’ counsel shall pay for Ronsin’s services in obtaining the documents and

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producing them to Plaintiff’s counsel, and, in the case that voluminous records are not able

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to be served electronically (via email, dropbox or other means) Plaintiff’s counsel shall pay

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to serve them by Federal Express Priority Overnight to Defendants’ counsel.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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Dated: July 21, 2017

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HADDAD & SHERWIN LLP
LAW OFFICE OF SANJAY S. SCHMIDT

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/s/ T. Kennedy Helm

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T. KENNEDY HELM
Attorneys for Plaintiff
LUCY ATAYDE

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Dated: July 21, 2017

BERTLING & CLAUSEN LLC

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/s/ Jemma Parker Saunders

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JEMMA PARKER SAUNDERS
Attorney for Defendants
CALIFORNIA FORENSIC MEDICAL GROUP, INC.;
TAYLOR FITHIAN, M.D.; HEATHER GOODE, M.D.;
SEAN RYAN, R.N.; DEBORAH MANDUJANO, R.N., and
CORINA DENNING, R.N.

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ORDER

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Pursuant to the stipulation of the parties, IT IS SO ORDERED.

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IT IS SO ORDERED.
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Dated:

July 21, 2017
UNITED STATES MAGISTRATE JUDGE

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