Ko v. City of Hayward, California

Filing 41

ORDER COMPELLING DOCUMENT PRODUCTION re 38 Notice (Other) filed by City of Hayward, California. Signed by Judge Maria-Elena James on 2/23/2009. (mejlc1, COURT STAFF) (Filed on 2/23/2009)

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Ko v. City of Hayward Case No. C05-01686 MEJ

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RYAN KO, a Minor, by and through TONY KO, his guardian ad litem, Plaintiffs, v. CITY OF HAYWARD, California, a California Municipality, Defendant. ___________________________________/ Case No.:C05-01686 MEJ ORDER COMPELLING CUSTODIANS OF RECORD TO PRODUCE DOCUMENTS IN COMPLIANCE WITH SUBPOENAS SERVED BY DEFENDANT CITY OF HAYWARD ORDER FOR PLAINTIFF TO PRODUCE MATERIALS AND DOCUMENTS IN HIS POSSESSION ORDER SCHEDULING COMPLIANCE HEARING

On February 12, 2009, the Court conducted a discovery hearing in the above-captioned matter regarding the parties's January 13, 2009 letter. (Dkt. #38.) Based on discussions at the hearing, the Court finds the requested discovery relevant and proper. Accordingly, the Court hereby ORDERS as follows: To the Custodians of Records for the following persons and entities, served with Subpoenas in a Civil Case by defendant City of Hayward, dated as follows: Alameda County Mental Health Services December 22, 2008 Cal State University, Dept. Of Communicative Sciences & Disorders January 9, 2009 Children's Health Council/Esther B. Clark School December 22, 2008 Children's Hospital, Developmental & Behavioral Pediatrics December 22, 2008 Creative Learning Center December 22, 2008 Hayward Unified School District December 22, 2008 Kaiser Permanente Medical Group December 22, 2008 Palo Alto Police Department December 22, 2008 Pathways to Wellness Medication Clinic Multiple locations/not yet issued Regional Center of East Bay/Paul Fujita, M.D. December 22, 2008 Through the Looking Glass/Maria Less December 22, 2008 YOU ARE HEREBY ORDERED to produce the records described in those subpoenas

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Order Compelling Custodians of Records to Produce Documents in Compliance with Subpoenas

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combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored, relating to: RYAN KO DOB: December 7, 1996 Residence address 27162 Underwood Avenue, Hayward, CA Kaiser MR #9274363 including but not limited to: School records, including applications, admission and attendance records, Section 504 Plans, Assessment Plans, Psychoeducational Studies, Individualized Education Program agreements, settlement agreements, disciplinary actions, behavior contracts. Medical, psychological, and psychiatric records, including but not limited to examination, evaluation, diagnosis, diagnostic tests, x-rays, lab work, prognosis, medical treatment, psychological treatment, counseling, history, reports, notes, diagrams, instructions, prescriptions, insurance and medical bills. Law enforcement records, including incident reports for calls for service from Esther B. Clark School. including documents and materials that are deemed to be confidential or privileged. In addition, the Court ORDERS Plaintiff to produce any materials and documents he has in his possession that have not been produced. The parties are ORDERED to appear for a status hearing on March 12, 2009 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco, California. The parties shall file a joint status report by March 5, 2009. IT IS SO ORDERED.

DATED: February 23, 2009

_______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

Ko v. City of Hayward Case No. C05-01686 MEJ

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Order Compelling Custodians of Records to Produce Documents in Compliance with Subpoenas