Hansford v. Solano County Department of Health and Human Services

Filing 92

STIPULATION AND PROTECTIVE ORDER RE: MEDICAL RECORDS signed by Magistrate Judge Kendall J. Newman on 8/5/11. The Stipulation and Protective Order re: Medical Records 89 is hereby APPROVED, except that, as to paragraph 4, any party that wishes to file any protected document with the court under seal shall comply with all of the court's Local Rules regarding the sealing of documents, including Local Rules 140 and 141. (Kastilahn, A)

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CAROLEE G. KILDUFF, SBN 107232
PETER D. HALLORAN, SBN 184025
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

Attorneys for Defendant
COUNTY OF SOLANO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATHAN HANSFORD,
Plaintiff,

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vs.
SOLANO COUNTY DEPARTMENT OF
HEALTH AND HUMAN SERVICES, and
DOES 1-50, inclusive,

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Defendants.

) Case No.: 2:08-CV-02232 MCE KJN
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) STIPULATION AND PROTECTIVE
) ORDER RE: MEDICAL RECORDS
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Whereas, plaintiff’s counsel has previously produced some of plaintiff’s medical records
and medical information to counsel for the Defendant.
Whereas, and this Court has ordered that Kaiser produce to counsel for the Defendant
certain of plaintiff’s medical records.
Whereas, plaintiff is desirous that his medical privacy be maintained and that his medical
records and medical information not be publicly disseminated.
Whereas, this Court has ordered that the parties enter into a protective order governing
the handling of plaintiff’s medical records and medical information.
Therefore, the parties hereto, by and through their counsel of record, hereby stipulate and
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agree as follows:

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This stipulation shall apply to “Plaintiff’s Medical Records” which is defined as

follows:

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a.

numbered P0197 through P02047.

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b.

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Whatever medical records are produced by Kaiser in response to the Court

Order dated July 29, 2011.

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The medical records previously produced by Plaintiff which were Bates

c.

Any other medical records of Plaintiff which are produced by Plaintiff or

by Kaiser after the date of execution of this Stipulation and Order.
In order to preserve any privacy rights attaching to Plaintiff’s Medical Records,

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Defendant agrees not to produce Plaintiff’s Medical Records or medical information to any

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person, with the exception of Defendant’s legal counsel (including employees of Defendant’s

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legal counsel) and medical or psychological experts, absent the written agreement of plaintiff’s

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counsel.

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3.

Should Defendant retain the services of a medical or psychological expert, that

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expert shall be provided with a copy of this Stipulation and Order and must agree to abide by the

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non-disclosure terms set forth herein. Absent such agreement, the expert, whether the expert is

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retained solely for consulting purposes, or for trial, will not be allowed access to any of

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Plaintiff’s medical records or information.

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Should either party desire to file Plaintiff’s Medical Records with the Court in a

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pre-trial Court filing, said records must be filed under seal or in redacted form provided

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Plaintiff’s counsel agrees in advance of the filing to the filing of the redacted document without a

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sealing order.

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5.

To the extent that Defendant desires to introduce Plaintiff’s Medical Records as

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exhibits at trial, the parties will meet and confer in good faith about the appropriate mechanisms

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to address privacy concerns, including, but not limited to redactions. Any disputes over the

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privacy mechanism to apply shall be resolved by the Court.

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6.

At the conclusion if this lawsuit, counsel for Defendant will destroy all copies of
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Plaintiff’s Medical Records, or any abstracts or compilations containing Plaintiff’s medical

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information, as well as any reports or briefing containing Plaintiff’s medical information or

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Medical Records which Defendant possesses.

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7.

By this stipulation, Plaintiff does not waive any privacy rights which may attach

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to his Medical Records and medical information. Plaintiff reserves the right to assert privacy

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objections relating to his Medical Records or medical information as appropriate.

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8.

Defendant will agree to the execution of a separate stipulation and order calling

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for the sealing or removal of Exhibit L from the July 21, 2011 Declaration of Peter Halloran [Dkt

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No 72-3] from the Court record.

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IT IS SO STIPULATED AND AGREED:

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Dated: August 5, 2011

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ANGELO, KILDAY & KILDUFF, LLP
/s/ Peter D. Halloran
By:_________________________________
CAROLEE G. KILDUFF
PETER D. HALLORAN
Attorneys for Defendant
COUNTY OF SOLANO

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Dated: August 5, 2011

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STEWART & MUSELL
/s/ Elisa J. Stewart
By:_________________________________
WENDY E. MUSELL
ELISA J. STEWART
Attorneys for Plaintiff
NATHAN HANSFORD

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-3STIPULATION AND PROTECTIVE ORDER RE: MEDICAL RECORDS

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ORDER

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The Stipulation and Protective Order Re: Medical Records is hereby

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APPROVED, except that, as to paragraph 4, any party that wishes to file any protected document

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with the court under seal shall comply with all of the court’s Local Rules regarding the sealing of

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documents, including Local Rules 140 and 141.

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IT IS SO ORDERED.
DATED: August 5, 2011

/s/ Kendall J. Newman
UNITED STATES MAGISTRATE JUDGE

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