Cruz et al v. City of Rocklin et al

Filing 20

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2018 GRANTING in PART and DENYING in PART 12 Motion to Quash as follows: Defendants are entitled to obtain the psychiatric/mental health records of Lorenzo Cruz via subpoena to his healthca re providers. However, the scope is limited to records with dates of service within the following timeframes: 1) Dates of service from 5/11/20095/11/2010 (inclusive); i.e., within 6 months of Plaintiff's 11/11/2009 arrest; and 2) Dates of servic e from 2/25/20142/25/2017 (inclusive); i.e., within 3 years of the date of the incident out of which the above-entitled action arises. WHEREFORE, Lorenzo Cruz's healthcare providers are hereby ORDERED to produce, in response to subpoena from Defense counsel in the above entitled action, all psychological/mental health records of Lorenzo Cruz with dates of service between 5/11/2009 to 5/112010 (inclusive) and 2/25/2014 to 2/25/2017 (inclusive). (Washington, S)

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BRUCE A. KILDAY (S.B. 066415)
Email: [e-mail]
DERICK E. KONZ (S.B. 286902)
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]

Attorneys for Defendants CITY OF ROCKLIN, CHRIS OSBORNE, JOHN CONSTABLE and
BREANNA ADAMS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHERYL CRUZ, et al.,
Plaintiffs,

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vs.
CITY OF ROCKLIN, et al.,

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Defendants.

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Case No.: 2:17-CV-01628-MCE-EFB
SUMMARY PROPOSED ORDER RE
PLAINTIFF’S MOTION TO QUASH
(ECF No. 12)

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On March 21, 2018, a hearing on Plaintiff’s Motion to Quash (ECF No. 12) was held
before Magistrate Judge Edmund F. Brennan.

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The issue before the Court was whether Defendants’ subpoenas for Lorenzo Cruz’s

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psychiatric/mental health records should be quashed because they violate Lorenzo Cruz’s right to

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psychotherapist/patient confidentiality.

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Kellan Patterson appeared telephonically for Plaintiff.

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Derick Konz appeared for Defendants.

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-1SUMMARY PROPOSED ORDER RE PLAINTIFF’S MOTION TO QUASH (ECF No. 12)

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After reviewing the moving papers and hearing oral argument, IT IS HEREBY

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ORDERED that Plaintiff’s motion to quash (ECF No. 12) is DENIED in part and GRANTED in

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part, as follows:

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Defendants are entitled to obtain the psychiatric/mental health records of Lorenzo Cruz

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via subpoena to his healthcare providers. However, the scope is limited to records with dates of

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service within the following timeframes:

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1) Dates of service from May 11, 2009–May 11, 2010 (inclusive); i.e., within 6
months of Plaintiff’s November 11, 2009 arrest; and

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2) Dates of service from February 25, 2014–February 25, 2017 (inclusive); i.e.,

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within three years of the date of the incident out of which the above-entitled

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action arises.

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WHEREFORE, Lorenzo Cruz’s healthcare providers are hereby ORDERED to produce,

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in response to subpoena from Defense counsel in the above entitled action, all

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psychological/mental health records of Lorenzo Cruz with dates of service between May 11,

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2009 to May 11, 2010 (inclusive) and February 25, 2014 to February 25, 2017 (inclusive).

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IT IS SO ORDERED.
Dated: March 28, 2018.

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-2SUMMARY PROPOSED ORDER RE PLAINTIFF’S MOTION TO QUASH (ECF No. 12)