Ashker et al v. Schwarzenegger et al

Filing 291

Discovery Order. Signed by Magistrate Judge Nandor J. Vadas on January 6, 2014. (njvlc2, COURT STAFF) (Filed on 1/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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ASHKER, et al., on their own behalf, and on behalf
of a class of similarly situated prisoners,

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Plaintiffs,
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Case No. 4:09 CV 05796 CW (NJV)
ORDER REGARDING MENTALHEALTH EXAMINATIONS

v.
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GOVERNOR OF THE STATE OF CALIFORNIA,
et al.,

Defendants.

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ORDER RE: MENTAL-HEALTH EXAMINATIONS

Case No. 4:09 CV 05796 CW

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After due consideration of the positions articulated by Plaintiffs and by Defendants in their

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letters of December 27, 2013, December 30, 2013, January 2, 2014, and during a telephonic hearing

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on January 3, 2014, the Court finds good cause to grant in part and deny in part the discovery relief

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sought by Plaintiffs, as follows.

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IT IS HEREBY ORDERED that:

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1.

Defendants shall facilitate access by Dr. Craig Haney to interview the twenty-five

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(25) Pelican Bay inmates identified by Plaintiffs’ counsel pursuant to the Court’s July 12, 2013

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discovery order by no later than January 31, 2014. As of the date of this Order, Plaintiffs have

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identified nineteen (19) Pelican Bay inmates alleged to have consented to being interviewed by Dr.

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Haney. Once Plaintiffs’ counsel identifies the additional six (6) Pelican Bay inmates that consent to

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being interviewed with Dr. Haney, counsel for the parties will confer regarding the scheduling of

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those additional interviews.

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2.

By no later than 5 p.m. on January 6, 2014, Pelican Bay staff shall hand-deliver to

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each of the nineteen (19) inmates from whom Plaintiffs’ counsel contend to have previously

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obtained medical releases, CDCR Form No. 7385 entitled “Authorization for Release of

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Information,” so that the inmates, rather than Plaintiffs’ counsel, may complete, date, and execute

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the forms for the release of the medical records that Plaintiffs have sought from such inmates.

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3.

Defendants’ and Plaintiffs’ mental-health experts may use the C-files and medical

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records of Plaintiffs to make inquiry during Plaintiffs’ mental-health examinations. The experts may

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also inquire as to Plaintiffs’ day-to-day activities, including, but not limited to, activities in which

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Plaintiffs engage that Defendants contend to be in furtherance of Plaintiffs’ current membership or

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association with a prison gang. The experts are restricted, however, from asking whether Plaintiffs

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are currently gang members or associates.

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4.

The parties shall exchange copies of any notes taken by their respective mental-health

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experts during the course of interviewing or evaluating the named Plaintiffs, including any written

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record of Dr. Morgan’s examinations of the Plaintiffs that are set to begin on January 6, 2014, by no

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later than January 13, 2014. This includes any notes of or written record taken by Dr. Craig Haney

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and Dr. Terry Kupers in connection with any interview or evaluation of each named Plaintiff.
ORDER RE: MENTAL-HEALTH EXAMINATIONS

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Case No. 4:09 CV 05796 CW

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5.

Counsel for the parties shall confer and work with the litigation office at Pelican Bay

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to schedule telephone calls so that Plaintiffs’ counsel may speak with their clients in advance of Dr.

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Morgan’s mental-health examinations, scheduled to begin the morning of January 6, 2014. To the

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extent administratively feasible under the circumstances, the telephone calls between Plaintiffs’

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counsel and the named Plaintiffs should take place by 5 p.m. on January 5, 2014, but in any event

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shall occur prior to the examination by Dr. Morgan of any Plaintiff with whom Plaintiffs’ counsel

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have requested time to prepare by telephone in advance of the examinations.

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APPROVED AS TO FORM:

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Dated: January 6, 2014
/s/ Carmen Bremer _______________
Carmen Bremer
Counsel for Plaintiffs

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Dated: January 6, 2014
/s/ Adriano Hrvatin
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Adriano Hrvatin
Counsel for Defendants

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DATED: January 6, 2014
_______________________________________
Honorable Nandor J. Vadas
UNITED STATES MAGISTRATE JUDGE

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