Love v. Permanente Medical Group et al

Filing 77

ORDER FOR SUPPLEMENTAL BRIEFING FOR JOINT DISCOVERY LETTER 58 . Signed by Magistrate Judge Donna M. Ryu on 07/30/13. (dmrlc2, COURT STAFF) (Filed on 7/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ROBIN LOVE,

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Plaintiff(s),
v.

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ORDER FOR SUPPLEMENTAL
BRIEFING FOR JOINT DISCOVERY
LETTER [DOCKET NO. 58]

THE PERMANENTE MEDICAL GROUP,

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No. C-12-05679 DMR

Defendant(s).
___________________________________/

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Before the court is the parties’ joint discovery letter. [Docket No. 58.] The court hereby
orders Plaintiff and Defendants to each submit by no later than 10 a.m. on August 5, 2013
supplemental briefing on the following issues: (1) whether federal privilege law applies to pendent
state law claims in federal question cases, especially if the information sought is relevant only to the
pendent state law claims; (2) whether the information over which Defendants assert peer review
privilege is relevant only to pendent state law claims; and (3), assuming arguendo that state privilege
law applies, whether the information over which Defendants assert peer review privilege actually
falls within California’s peer review privilege. Each brief is not to exceed five double-spaced
pages. The parties should specifically address the Ninth Circuit’s holding in Agster v. Maricopa
County, 422 F.3d 836 (9th Cir. 2005) and any relevant subsequent case law in the Ninth Circuit.
IT IS SO ORDERED.

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Dated: July 30, 2013
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DONNA M. RYU
United States Magistrate Judge