Coats v. Fox et al

Filing 89

ORDER signed by Magistrate Judge Craig M. Kellison on 2/27/2015 ORDERING 88 Based on the parties' stipulation and good cause appearing, the order denying Plaintiff's motion to re-open discovery is modified; Defendant is ORDERED to provide Plaintiff's attorney with a set of Plaintiff's medical records from 1/1/2004 to the present; these records will be burned on a CD and provided to Plaintiff's counsel on or before 3/15/2015. (Reader, L)

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1 2 3 4 5 6 7 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California CHRISTOPHER J. BECKER, State Bar No. 230529 Supervising Deputy Attorney General DEBRA A. FITZSIMMONS, State Bar No. 144590 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 323-2606 Fax: (916) 324-5205 E-mail: Debra.Fitzsimmons@doj.ca.gov Attorneys for Defendant M. Fox 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 WILLIAM THOMAS COATS, 2:09-CV-01300 CMK 13 Plaintiff, STIPULATION AND ORDER RE PRODUCTION OF DOCUMENTS 14 v. 15 16 Judge: Honorable Craig M. Kellison Trial Date: TBA Action Filed: May 11, 2009 MICHAEL FOX, et al., 17 Defendant. 18 19 The parties, by and through their attorneys of record, seek to modify the order denying 20 Plaintiff’s motion to re-open discovery, dated February 20, 2015 (ECF No. 86), as it relates to 21 Defendant’s production of Plaintiff’s medical records. Specifically, the order requires Defendant 22 to provide Plaintiff’s counsel with a copy of Plaintiff’s complete medical records, burned on a 23 CD, on or before March 15, 2015. 24 Plaintiff has been incarcerated since 1980. The parties agree that it would be burdensome 25 and oppressive for Defendant to produce almost 35 years of medical records. Therefore, the 26 parties agree that Defendant will provide Plaintiff’s attorney with a set of Plaintiff’s medical 27 records from January 1, 2004 to the present. These records will be burned on a CD and provided 28 to Plaintiff’s counsel on or before March 15, 2015. 1 Stipulation and Proposed Order re Production of Documents (2:09-CV-01300 CMK) 1 2 IT IS SO STIPULATED. Dated: February 24, 2015 OFFICE OF THE ATTORNEY GENERAL 3 4 By: 5 6 7 Dated: February 26, 2015 /s/ Debra A. Fitzsimmons DEBRA A. FITZSIMMONS Deputy Attorney General Attorneys for Defendant M. Fox LAW OFFICE OF PATRICK H. DWYER 8 9 By: 10 11 /s/ Patrick Dwyer (Signature Authorized) PATRICK DWYER Attorney for Plaintiff William Thomas Coats 12 13 14 ORDER Based on the parties’ stipulation and good cause appearing, the order denying Plaintiff’s 15 motion to re-open discovery is modified. Defendant is ordered to provide Plaintiff’s attorney 16 with a set of Plaintiff’s medical records from January 1, 2004 to the present. These records will 17 be burned on a CD and provided to Plaintiff’s counsel on or before March 15, 2015. 18 IT IS SO ORDERED. 19 20 Dated: February 27, 2015 21 22 23 24 25 26 27 28 2 Stipulation and Proposed Order re Production of Documents (2:09-CV-01300 CMK)

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