O'Brien v. Napolitano

Filing 34

STIPULATION AND ORDER. Signed by Judge Laporte on 9/9/11. (edllc1, COURT STAFF) (Filed on 9/9/2011)

Case3:10-cv-01830-EDL Document32

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Filed09/08/11 Page1 of 2

Michael S. Sorgen [SBN 43107]
Joyce Kawahata [SBN 113159]
LAW OFFICES OF MICHAEL S. SORGEN
240 Stockton Street, 9th Floor
San Francisco, CA 94108
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
THERESA M. O’BRIEN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THERESA M. O’BRIEN,
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Plaintiff,
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vs.
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JANET NAPOLITANO, SECRETARY,
DEPARTMENT OF HOMELAND
SECURITY,

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Defendant.
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Case No.: C10-1830 EDL
STIPULATION AND [PROPOSED]
PROTECTIVE ORDER AS TO
PLAINTIFF’S PSYCHOLOGICAL
AND MENTAL HEALTH RECORDS
AND INFORMATION

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STIPULATION

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Plaintiff Theresa O’Brien and Defendant Janet Napolitano (hereinafter, collectively, "the
parties") agree that in exchange for plaintiff’s agreement not to seek emotional distress damages
in this case, defendant will not seek discovery of psychological records or information related to
her psychological history and/or treatment, past or present. The parties, by and through their
respective counsel of record, and subject to Court approval, stipulate to the following Protective
Order, which will apply to all documents, testimony, and information produced during discovery
in accordance with the terms of this Protective Order.
PROTECTIVE ORDER

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1.

This Protective Order (the "Order") governs all documents produced, testimony

given, written discovery or information exchanged in the course of this litigation, including
documents or testimony obtained by any party to this litigation (hereinafter, "Discovery").
2.

Such Discovery related to the psychological, psychiatric or mental health
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Case3:10-cv-01830-EDL Document32

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treatment, history, medication, or reports of plaintiff shall not be used in this litigation for any

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purpose, including trial. This prohibition shall apply to inter alia documents produced by Dr.

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Elaine Date, pursuant to defendant’s document subpoena dated 8/19/11, including bates numbers

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EDS-160 - 179. However, the parties’ experts may acknowledge that Plaintiff’s treatment

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involved mental health therapy and drugs to the extent that such treatment or drugs affected her

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ability to perform the essential functions of the job.

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3.

As the parties do not anticipate discovery of any mental health records, Plaintiff

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may not exploit the fact that her expert has reviewed some of plaintiff’s mental health records

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and is aware of plaintiff’s mental health condition through her treatment of Plaintiff. Nor will

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Plaintiff question the defense expert’s lack of knowledge of Plaintiff’s mental health history or

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make argument regarding same.

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4.

This Order shall become binding on the parties to this Order immediately

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upon execution by the parties, and shall remain in effect following the termination of this

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litigation absent an order of this Court to the contrary.

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IT IS SO STIPULATED.

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Dated: September 8, 2011

LAW OFFICES OF MICHAEL S. SORGEN

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By:

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___/s/ Joyce Kawahata___________
Joyce Kawahata
Attorneys for Plaintiffs

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Dated: September 8, 2011

MELINDA L. HAAG
UNITED STATES ATTORNEY

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By:
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______/s/____________________
Juan D. Walker
Assistant United States Attorney
Attorneys for Federal Defendant
ORDER

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Good cause appearing therefor, IT IS SO ORDERED.
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September 9, 2011
Dated: ______________

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Hon. Elizabeth D. Laporte
United State District Court Magistrate Judge
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