James v. Mehta

Filing 173

STIPULATION FOR A PROTECTIVE ORDER signed by Magistrate Judge Dale A. Drozd on 1/7/14. (Kastilahn, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHARLES CORNELIUS JAMES, 12 Plaintiff, Case No. 2:10-cv-01171-LKK-DAD 13 v. STIPULATION FOR A PROTECTIVE ORDER 14 DEEPAK MEHTA, ET AL., Magistrate Judge: 15 Hon. Dale A. Drozd Defendant. 16 WHEREAS, on December 20, 2013, the Court set a status conference for 17 18 January 10, 2014, to determine if Dr. Uppal is capable of suit or representation 19 (Doc. # 170); WHEREAS, on January 5, 2014, Defendant Uppal’s counsel obtained recent 20 21 medical records pertaining to Dr. Uppal; WHEREAS, on January 6, 2014, Defendants Uppal’s counsel offered to 22 23 provide the medical records to Plaintiff’s counsel, but due to privacy and HIPAA 24 concerns, cannot do so in the absence of a protective order;1 1. 25 The parties designate the medical records from North Bay Health Care, 26 dated January 1, 2014, and St. Helena Hospital, dated January 2, 4, and 5, 2014, 27 (“Dr. Uppal’s Medical Records”) as highly confidential and/or proprietary nature as 28 1 The medical records have been submitted to the Court for in camera review. 1 1 “CONFIDENTIAL—ATTORNEYS’ EYES ONLY” (hereinafter “Attorneys’ Eyes 2 Only Material”). Attorneys’ Eyes Only Material, and the information contained 3 therein, shall be disclosed only to the Court, and to counsel for the parties 4 (including the student attorneys, paralegal, clerical, and secretarial staff employed 5 by counsel), but shall not be disclosed to a party, unless otherwise agreed or 6 ordered. If disclosure of Attorneys’ Eyes Only Material is made, all other 7 provisions in this Order with respect to confidentiality shall also apply. 8 9 2. Confidential documents shall be so designated by stamping copies of the document produced to a party with the legend “CONFIDENTIAL.” Stamping 10 the legend “CONFIDENTIAL” on the cover of any multipage document shall 11 designate all pages of the document as confidential, unless otherwise indicated by 12 the producing party. 13 3. Material designated as confidential under this Order, the information 14 contained therein, and any summaries, copies, abstracts, or other documents derived 15 in whole or in part from material designated as confidential (hereinafter 16 “Confidential Material”) shall be used only for the purpose of prosecution, defense, 17 or settlement of this action, and for no other purpose. 18 4. The Confidential Material produced pursuant to this Order may be 19 disclosed or made available only to the Court, or to counsel for a party (including 20 the student attorneys, paralegal, clerical, and secretarial staff employed by such 21 counsel). 22 5. If Dr. Uppal’s Medical Records are included in any papers to be filed 23 in Court, such papers shall be labeled “Confidential—Subject to Court Order,” and 24 filed under seal. 25 6. In the event that Dr. Uppal’s Medical Records are used in any court 26 proceeding in this action, they shall not lose their confidential status through such 27 use, and the party using the material shall take all reasonable steps to maintain its 28 confidentiality during such use. 2 1 7. This Order shall be without prejudice to the right of the parties (i) to 2 bring before the Court at any time a question of whether any particular document or 3 information is confidential or whether its use should be restricted or (ii) to present a 4 motion to the Court under FRCP 26(c) for a separate protective order as to any 5 particular document or information, including restrictions differing from those as 6 specified herein. This Order shall not be deemed to prejudice the parties in any way 7 in any future application for modification of this Order. 8 9 8. This Order is entered solely for the purpose of facilitating the exchange of documents and information between the parties to this action without 10 involving the Court unnecessarily in the process. Nothing in this Order nor the 11 production of any information or document under the terms of this Order nor any 12 proceedings pursuant to this Order shall be deemed to have the effect of an 13 admission or a waiver by any party or of altering the confidentiality or 14 nonconfidentiality of any such document or information or altering any existing 15 obligation of any party or the absence of obligation. 16 9. This Order shall survive the final termination of this action, to the 17 extent that Dr. Uppal’s Medical Records are not or do not become known to the 18 public, and the Court shall retain jurisdiction to resolve any dispute concerning the 19 use of information disclosed under this Order. 20 10. Upon termination of this case, Plaintiff’s counsel and co-Defense 21 counsel shall return Dr. Uppal’s Medical Records designated as confidential and all 22 copies of same, other than papers on file with the Court, or shall certify the 23 destruction thereof. 24 11. Notwithstanding the foregoing, counsel shall be permitted to retain a 25 copy of each document filed with the Court or served in this proceeding, including 26 correspondence with opposing counsel, which copies shall remain subject to the 27 terms of this Order. 28 SO STIPULATED: 3 1 2 Dated: January 6, 2014 U.C. Davis Civil Rights Clinic 3 By: /s/ Carter C. White Carter C. White Supervising Attorney 4 5 Attorney for Plaintiff CHARLES C. JAMES 6 7 Dated: January 6, 2014 Burke, Williams & Sorensen, LLP 8 By: /s/ Mitchell A. Wrosch Susan E. Coleman Kristina D. Gruenberg Mitchell A. Wrosch 9 10 11 Attorneys for Defendant C. CAPITANO AND R.K. UPPAL 12 13 Dated: January 6, 2014 Williams & Associates 14 By: _/s/ Kathleen J.Williams_________ Kathleen J. Williams 15 16 Attorneys for Defendants AGUILERA, ANDREASEN, BICK, DHILLON, MEHTA, PAI, WILLIAMS, M.D. AND WILLIAMS, N.P. 17 18 19 20 21 IT IS SO ORDERED. Dated: January 7, 2014 22 23 /jame1171.po(2) 24 25 26 27 28 4

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