Beecham et al v. Roseville City School District et al

Filing 53

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/20/2017 PERMITTING the defendants to seek Plaintiffs Oliver Vergara's and Jennifer Vergara's medical records from Kaiser, Mercy Medical Group and UCD Medical Group from 2008 to the present; PERMITTING further discovery of medical records if evidence is obtained from said subpoenaed medical records that indicates that the plaintiffs suffered emotional or physical injuries prior to 2008. (Michel, G.)

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LONGYEAR, O’DEA & LAVRA, LLP
3620 American River Drive, Suite 230
Sacramento, CA 95864
Phone: [phone]
Facsimile: 916-974-8510

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Gregory P. O’Dea, CSB No. 110966
Mark P. O’Dea, CSB No. 186061
Natasha N. Langenfeld, CSB No. 250944

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Attorneys for Defendant, Theresa Van Wagner

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DUANE BEECHAM, KIMBERLY
BEECHAM, S.Y.B., a minor by and through
her co-guardians ad litem DUANE
BEECHAM and KIMBERLY BEECHAM;
OLIVER VERGARA, JENNIFER
VERGARA, E.V., a minor by and through his
co-guardians ad litem OLIVER VERGARA
and JENNIFER VERGARA,

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Plaintiffs,
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v.

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ROSEVILLE CITY SCHOOL DISTRICT,
THERESA VAN WAGNER, GEORGE
ROOKS, JERROLD JORGENSEN, and
DOES 1 – 30,

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Defendants.

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CASE NO. 2:15-CV-01022-KJM-EFB
[PROPOSED] ORDER REGARDING
PLAINTIFF’S MOTION TO QUASH OR MOTION
FOR PROTECTIVE ORDER NARROWING
SUBPOENAS FOR EMPLOYMENT AND
MEDICAL RECORDS

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This matter came before Magistrate Judge Edmund F. Brennan regarding plaintiff’s motion to quash or
motion for protective order. After having received oral argument, the Court rules as follows:
1. Defendants shall be permitted to seek plaintiff’s medical records from the following providers for
the time period of 2008 to present:

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a. Plaintiff Jennifer Vergara’s medical records from Kaiser

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b. Plaintiff Jennifer Vergara’s medical records from Mercy Medical Group

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c. Plaintiff Oliver Vergara’s medical records from Kaiser

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d. Plaintiff Oliver Vergara’s medical records from UCD Medical Group.

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[PROPOSED] ORDER REGARDING PLAINTIFF’S MOTION TO QUASH OR MOTION FOR PROTECTIVE ORDER
NARROWING SUBPOENAS FOR EMPLOYMENT AND MEDICAL RECORDS
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2. This order is made without prejudice to further discovery of medical records if evidence is

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obtained from those subpoenaed medical records that indicates that the plaintiffs suffered emotional or

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physical injuries prior to 2008, Defendant can ask the Court to broaden the scope of time of the

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subpoenas.

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IT IS SO ORDERED

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Dated this 20th day of January, 2017
MAGISTRATE JUDGE EDMUND F. BRENNAN

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[PROPOSED] ORDER REGARDING PLAINTIFF’S MOTION TO QUASH OR MOTION FOR PROTECTIVE ORDER
NARROWING SUBPOENAS FOR EMPLOYMENT AND MEDICAL RECORDS
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