Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 143

ORDER signed by Magistrate Judge Allison Claire on 1/9/2019 ORDERING petitioner's 129 motion for an Order to Show Cause re Civil Contempt is DENIED; Petitioner's 139 request for judicial notice is DENIED; Petitioner's 127 , 136 , 138 requests for further discovery are GRANTED in part as specified below and otherwise DENIED. Petitioner is authorized to issue a subpoenas duces tecum to Gregory Sokolov, M.D., Stacy Correa, and Lisa Gara for the complete digital and /or paper files of their work in relation to Mr. Caridad's MDO status and recommitments, for the period of 1/1/2013 through 6/30/2017, including billing records if any. The Clerk of Court is directed to immediately issue to petitioner's c ounsel 3 subpoenas duces tecum forms, signed but otherwise blank, pursuant to Fed. R. Civ. P. 45(a)(3). Petitioner's expert report shall be disclosed to respondent no later than 3/11/2019. The evidentiary hearing regarding equitable tolling is hereby set for 4/8/2019 at 09:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. (3 signed but otherwise blank subpoenas duces tecum forms served by mail on Marylou E. Hillberg) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN T. CARIDAD,

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No. 2:14-cv-1847 KJM AC P

Petitioner,
v.

ORDER

NORM KRAMER,
Acting Executive Director,
Napa State Hospital,
Respondent.

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Multiple matters in this case were heard on this court’s regular law and motion calendar

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on January 9, 2019. Marylou Hillberg appeared for petitioner; David Eldridge appeared for

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respondent; Kenneth L. Rosenfeld appeared personally with his counsel, Allen Sawyer. The

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background and procedural posture of this case are familiar to the parties and need not be recited

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here. For the reasons stated on the record at the hearing, the court rules as follows:

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1. Petitioner’s motion for an Order to Show Cause re Civil Contempt, ECF No. 129, is
DENIED;

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2. Petitioner’s request for judicial notice, ECF No. 139, is DENIED;

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3. Petitioner’s requests for further discovery, ECF Nos. 127, 136, 138, are GRANTED

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IN PART as specified below and otherwise DENIED;
4. Petitioner is authorized to issue subpoenas duces tecum to Gregory Sokolov, M.D.,
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Stacy Correa, and Lisa Gara for the complete digital and/or paper files of their work in

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relation to Mr. Caridad’s MDO status and recommitments, for the period of January 1,

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2013 through June 30, 2017, including billing records if any;

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5. The Clerk of Court is directed to immediately issue to petitioner’s counsel three (3)

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subpoenas duces tecum forms, signed but otherwise blank, pursuant to Fed. R. Civ. P.

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45(a)(3).

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6. Petitioner’s expert report shall be disclosed to respondent no later than March 11,
2019;
7. The evidentiary hearing regarding equitable tolling, see ECF No. 98, is hereby SET
for April 8, 2019 at 9:00 a.m. in Courtroom 26.
IT IS SO ORDERED.
DATED: January 9, 2019

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