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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES CORNELIUS JAMES,

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Plaintiff,

Case No. 2:10-cv-01171-LKK-DAD

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v.

STIPULATION FOR A
PROTECTIVE ORDER

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DEEPAK MEHTA, ET AL.,

Magistrate Judge:

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Hon. Dale A. Drozd

Defendant.

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WHEREAS, on December 20, 2013, the Court set a status conference for

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January 10, 2014, to determine if Dr. Uppal is capable of suit or representation

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(Doc. # 170);
WHEREAS, on January 5, 2014, Defendant Uppal’s counsel obtained recent

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medical records pertaining to Dr. Uppal;
WHEREAS, on January 6, 2014, Defendants Uppal’s counsel offered to

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provide the medical records to Plaintiff’s counsel, but due to privacy and HIPAA

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concerns, cannot do so in the absence of a protective order;1
1.

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The parties designate the medical records from North Bay Health Care,

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dated January 1, 2014, and St. Helena Hospital, dated January 2, 4, and 5, 2014,

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(“Dr. Uppal’s Medical Records”) as highly confidential and/or proprietary nature as

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The medical records have been submitted to the Court for in camera review.

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“CONFIDENTIAL—ATTORNEYS’ EYES ONLY” (hereinafter “Attorneys’ Eyes

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Only Material”). Attorneys’ Eyes Only Material, and the information contained

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therein, shall be disclosed only to the Court, and to counsel for the parties

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(including the student attorneys, paralegal, clerical, and secretarial staff employed

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by counsel), but shall not be disclosed to a party, unless otherwise agreed or

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ordered. If disclosure of Attorneys’ Eyes Only Material is made, all other

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provisions in this Order with respect to confidentiality shall also apply.

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2.

Confidential documents shall be so designated by stamping copies of

the document produced to a party with the legend “CONFIDENTIAL.” Stamping

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the legend “CONFIDENTIAL” on the cover of any multipage document shall

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designate all pages of the document as confidential, unless otherwise indicated by

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the producing party.

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3.

Material designated as confidential under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents derived

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in whole or in part from material designated as confidential (hereinafter

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“Confidential Material”) shall be used only for the purpose of prosecution, defense,

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or settlement of this action, and for no other purpose.

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4.

The Confidential Material produced pursuant to this Order may be

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disclosed or made available only to the Court, or to counsel for a party (including

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the student attorneys, paralegal, clerical, and secretarial staff employed by such

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counsel).

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If Dr. Uppal’s Medical Records are included in any papers to be filed

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in Court, such papers shall be labeled “Confidential—Subject to Court Order,” and

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filed under seal.

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6.

In the event that Dr. Uppal’s Medical Records are used in any court

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proceeding in this action, they shall not lose their confidential status through such

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use, and the party using the material shall take all reasonable steps to maintain its

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confidentiality during such use.
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7.

This Order shall be without prejudice to the right of the parties (i) to

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bring before the Court at any time a question of whether any particular document or

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information is confidential or whether its use should be restricted or (ii) to present a

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motion to the Court under FRCP 26(c) for a separate protective order as to any

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particular document or information, including restrictions differing from those as

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specified herein. This Order shall not be deemed to prejudice the parties in any way

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in any future application for modification of this Order.

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8.

This Order is entered solely for the purpose of facilitating the

exchange of documents and information between the parties to this action without

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involving the Court unnecessarily in the process. Nothing in this Order nor the

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production of any information or document under the terms of this Order nor any

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proceedings pursuant to this Order shall be deemed to have the effect of an

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admission or a waiver by any party or of altering the confidentiality or

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nonconfidentiality of any such document or information or altering any existing

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obligation of any party or the absence of obligation.

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9.

This Order shall survive the final termination of this action, to the

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extent that Dr. Uppal’s Medical Records are not or do not become known to the

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public, and the Court shall retain jurisdiction to resolve any dispute concerning the

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use of information disclosed under this Order.

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10.

Upon termination of this case, Plaintiff’s counsel and co-Defense

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counsel shall return Dr. Uppal’s Medical Records designated as confidential and all

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copies of same, other than papers on file with the Court, or shall certify the

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destruction thereof.

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11.

Notwithstanding the foregoing, counsel shall be permitted to retain a

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copy of each document filed with the Court or served in this proceeding, including

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correspondence with opposing counsel, which copies shall remain subject to the

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terms of this Order.

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SO STIPULATED:
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Dated: January 6, 2014

U.C. Davis Civil Rights Clinic

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By: /s/ Carter C. White
Carter C. White
Supervising Attorney

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Attorney for Plaintiff
CHARLES C. JAMES

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Dated: January 6, 2014

Burke, Williams & Sorensen, LLP

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By: /s/ Mitchell A. Wrosch
Susan E. Coleman
Kristina D. Gruenberg
Mitchell A. Wrosch

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Attorneys for Defendant
C. CAPITANO AND R.K. UPPAL

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Dated: January 6, 2014

Williams & Associates

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By: _/s/ Kathleen J.Williams_________
Kathleen J. Williams

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Attorneys for Defendants
AGUILERA, ANDREASEN, BICK,
DHILLON, MEHTA, PAI,
WILLIAMS, M.D. AND WILLIAMS,
N.P.

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IT IS SO ORDERED.
Dated: January 7, 2014

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/jame1171.po(2)

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