Boykin v. United Parcel Service Inc.

Filing 31

STIPULATION AND ORDER re 29 Stipulation, filed by United Parcel Service Inc., 27 First MOTION to Quash Medical Records Subpoena filed by Chaunci Boykin, 26 First MOTION to Shorten Time to hear Plaintiff's Motion to Quash filed by Chaunci Boykin. Signed by Judge Edward M. Chen on 1/23/09. (bpf, COURT STAFF) (Filed on 1/23/2009)

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Case 3:08-cv-04870-MMC Document 29 Filed 01/22/2009 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KATHRYN BURKETT DICKSON (SB# 70636) kbdickson@dicksonross.com Dickson Ross LLP 1970 Broadway, Suite 1045 Oakland, CA 94612 Telephone: (510) 268-1999 Facsimile: (510) 268-3627 Attorneys for Plaintiff CHAUNCI M. BOYKIN E. JEFFREY GRUBE (SB# 167324) jeffgrube@paulhast ings.co m MICHAEL M. PFYL (SB# 240925) michaelpfyl@paulhastings.com PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street Twent y-Fourth Floor San Francisco, CA 94105-3441 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 Attorneys for Defendant UNITED PARCEL SERVICE, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CHAUNCI BOYKIN, Plaint iff, vs. UNITED PARCEL SERVICE, INC.; and DOES I X, inclusive, Defendants. Case No. C-08-04870 MMC (EMC) JOINT STIPULATION REGARDING PLAINTIFF'S MOTION TO SHORTEN TIME TO HEAR PLAINTIFF'S MOTION TO QUASH SUBPOENA FOR MEDICAL RECORDS AND [PROPOSED] ORDER Case No. C-08-04870 MMC (EMC) JOINT STIPULATION Case 3:08-cv-04870-MMC Document 29 Filed 01/22/2009 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 21, 2009, Plaintiff filed a Motion to Quash Or Motion For Protective Order Narrowing Subpoena for Medical Records ("Motion to Quash"), challenging the validity of a subpoena for medical records that Defendant served on Kaiser on January 16, 2009. Also on January 21, 2009, Plaintiff filed a Motion To Shorten Time To Hear Plaintiff's Motion To Quash Or Motion For Protective Order Narrowing Subpoena For Medical Records ("Motion to Shorten Time") requesting that the Court hear the Motion to Quash on January 30, 2009. After meeting and conferring on January 22, 2009, Plaintiff agrees to withdraw the Motion to Shorten Time and, pursuant to Local Rule 6-2, the parties stipulate to the following shortened time schedule for Plaintiff's Motion to Quash: Plaint iff's Motion filed: January 21, 2009 Defendant's Opposition filing deadline: February 4, 2009 Plaint iff's Reply filing deadline: February 11, 2009 Hearing: February 18, 2009. Addit io nally, Defendant agrees to (1) prepare a letter to Kaiser instructing it not to comply with the subpoena for medical records while Plaintiff's motion is pending before the Court; (2) allow Plaintiff's counsel to review the letter before sending it to Kaiser; and (3) send the letter to Kaiser on or before January 26, 2009. Defense counsel represents that he has already called Kaiser records department to inform them that the subpoena is on hold until a Court decision. DATED: January 22, 2009 PAUL, HASTINGS, JANOFSKY & WALKER LLP E. JEFFREY GRUBE MICHAEL M. PFYL By: /s/ Michael M. Pfyl MICHAEL M. PFYL Attorneys for Defendant UNITED PARCEL SERVICE, INC. DATED: January 22, 2009 DICKSON ROSS LLP By: /s/ Kathryn Burkett Dickson KATHRYN BURKETT DICKSON Attorneys for Plaintiff CHAUNCI M. BOYKIN Case No. C-08-04870 MMC (EMC) JOINT STIPULATION Case 3:08-cv-04870-MMC Document 29 Filed 01/22/2009 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C-08-04870 MMC (EMC) [PROPOSED] ORDER The Court has reviewed the stipulation of the parties and IT IS HEREBY ORDERED that the following shortened briefing schedule will apply to Plaintiff's Motion to Quash: Plaint iff's Motion filed: January 21, 2009 Defendant's Opposition filing deadline: February 4, 2009 Plaint iff's Reply filing deadline: February 11, 2009 10:30 a Hearing: _____ __.m. February 18, 2009. IT IS SO ORDERED Ja_____23 DATED: ____nuary ________, 2009 ____________________________________________ EDWARD M. CHEN UNITED STATES DISTRICT MAGISTRATE JUDGE -2- JOINT STIPULATION

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