O'Brien v. Napolitano

Filing 35

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

Case3:10-cv-01830-EDL Document33

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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]
ORDER TO EXTEND FACT
DISCOVERY FOR THE LIMITED
PURPOSE OF OBTAINING
PLAINTIFF’S MEDICAL RECORDS
FROM TWO PROVIDERS

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STIPULATION

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Plaintiff Theresa O’Brien and Defendant Janet Napolitano (hereinafter, collectively, "the

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parties"), by and through their respective counsel of record, and subject to Court approval,

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stipulate to the following:

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1. The date originally set by the Court for completion of fact discovery was September 1,
2011.

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2. The parties have completed all fact discovery consisting of a round of written

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discovery and the depositions of the principal fact witnesses including the plaintiff, her treating

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physician, and five defense witnesses.

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3. Plaintiff objected that Defendant’s Special Interrogatory No. 1 which requested a

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listing of all of Plaintiff’s medical providers was temporally overbroad. In order to avoid the

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necessity of filing discovery motions, the parties recently concluded their efforts to meet and
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Case3:10-cv-01830-EDL Document33

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confer on this issue and agreed to limit the temporal scope of discovery of the medical records to

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records from January 2003 to the present.

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4. Accordingly, the parties agree to extend fact discovery for the limited purpose of

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allowing Defendant to subpoena medical records from January 2003 to the present, excluding all

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psychiatric and mental health records, in the possession of the following providers:

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a. Dr. Carlin Chi of South San Francisco Clinic, San Mateo Health System;

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b. Oregon Health Sciences University Hospitals and Clinics.

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5. The parties have not previously requested any extensions in this matter.

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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
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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 Defendant

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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 Laporte
United State District Court Judge
Magistrate

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