Cabardo et al v. Patacsil et al

Filing 82

ORDER signed by District Judge Troy L. Nunley on 11/20/18 GRANTING the Parties' Stipulation to Protective Order such that the parties shall refer to the resident's first name or first name and last initial in the progress notes, awake staff notes, night staff notes and transportation logs and generally refer to residents by first name or first name and last initial at trial. (Kastilahn, A)

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MICHAEL B. LEVIN
ATTORNEY AT LAW (State Bar No. 115895)
3727 Camino del Rio South, Suite 200
San Diego, Ca. 92108
Phone: [phone]
Facsimile: (619)-)-280-5705
E-mail: [e-mail]
Attorney for Defendants
MARILYN PATACSIL,
ERNESTO PATACSIL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA-SACRAMENTO

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JOSEPH CABARDO, DONNABEL SUYAT,
MACTABE BIBAT, MARISSA BIBAT,
ALICIA BOLLING, AND RENATO
MANIPON, CARLINA CABACONGAN,
AND JOHN DAVE CABACONGAN, on

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Plaintiffs,

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vs.
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Defendants.
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AND ORDER (RULE 141.1(b)(2); FRCP 16)

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MARILYN PATACSIL AND ERNESTO
PATACSIL

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PROTECTIVE ORDER FOR CIVIL TRIAL

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PARTIES STIPULATION TO

behalf of all current and former employees and )
the State of California

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CASE NO.: 2:12 CV 01705 TLN-KJN

TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR COUNSEL OF
RECORD:

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Plaintiffs JOSEPH CABARDO, DONNABEL SUYAT, MACTABE BIBAT, MARISSA

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BIBAT, ALICIA BOLLING, AND RENATO MANIPON, CARLINA CABACONGAN, AND JOHN

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DAVE CABACONGAN (“Plaintiffs”)and MARILYN PATACSIL AND ERNESTO PATACSIL

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(“Defendants”) (collectively the “parties”), by and through their counsel of record, hereby stipulate as

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follows:

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Parties Stipulation and Order to Protective Order for Civil Trial and Order

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Whereas Defendants are the custodian of records at Patacsil Care Homes, and

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Whereas Defendants maintained progress notes, awake staff notes, night staff notes and

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transportation records as business records in the course and scope of their business known as Patacsil

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Care Homes, and

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Whereas the progress notes, awake staff notes, night staff notes and transportation records

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contain the confidential names of residents (aka “consumers”), and confidential information about those

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residents, and

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Whereas the progress notes, awake staff notes, night staff notes and transportation records have

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been redacted by Defendants to remove the full name of the subject resident(s) to protect their privacy,

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and
Whereas the progress notes, awake staff notes, night staff notes and transportation logs are a
necessary subject of witness direct examination and cross-examination at trial, and
Whereas the parties shall refer to residents by first name or first name and last initial in the
progress notes, awake staff notes, night staff notes and transportation logs and
Whereas the parties shall generally refer to residents by first name or first name and last initial
at trial, and
Whereas the necessity for protection should be addressed by court order (rather than by private
agreement) to ensure conformance with the stipulation at trial,

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THEREFORE, the parties hereby stipulate to a protective order for civil trial and (1) the parties

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shall refer to the resident’s first name or first name and last initial in the progress notes, awake staff

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notes, night staff notes and transportation logs and (2) generally refer to residents by first name or first

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name and last initial at trial

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IT IS SO STIPULATED

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Parties Stipulation and Order to Protective Order for Civil Trial and Order

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Respectfully Submitted

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MALLISON & MARTINEZ
DATED: November 16, 2018

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By: /s/ Hector Martinez
HECTOR MARTINEZ
Attorney for Plaintiffs
JOSEPH CABARDO, et. al.

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THE LAW OFFICES OF MICHAEL B. LEVIN,
A PROFESSIONAL LAW CORPORATION

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DATED: November 16, 2018

By: /s/ Michael B. Levin
MICHAEL B. LEVIN
Attorney for Defendants
MARILYN PATACSIL,
ERNESTO PATACSIL

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Parties Stipulation and Order to Protective Order for Civil Trial and Order

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ORDER
Good cause appearing, the court hereby Grants the Parties’ Stipulation to Protective

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Order such that (1) the parties shall refer to the resident’s first name or first name and last initial in the

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progress notes, awake staff notes, night staff notes and transportation logs and (2) generally refer to

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residents by first name or first name and last initial at trial; and the parties stipulation is hereby

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GRANTED.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: November 20, 2018

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Parties Stipulation and Order to Protective Order for Civil Trial and Order