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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 EUREKA DIVISION 11 ASHKER, et al., on their own behalf, and on behalf of a class of similarly situated prisoners, 12 Plaintiffs, 13 Case No. 4:09 CV 05796 CW (NJV) ORDER REGARDING MENTALHEALTH EXAMINATIONS v. 14 15 16 GOVERNOR OF THE STATE OF CALIFORNIA, et al., Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 ORDER RE: MENTAL-HEALTH EXAMINATIONS Case No. 4:09 CV 05796 CW 1 After due consideration of the positions articulated by Plaintiffs and by Defendants in their 2 letters of December 27, 2013, December 30, 2013, January 2, 2014, and during a telephonic hearing 3 on January 3, 2014, the Court finds good cause to grant in part and deny in part the discovery relief 4 sought by Plaintiffs, as follows. 5 IT IS HEREBY ORDERED that: 6 1. Defendants shall facilitate access by Dr. Craig Haney to interview the twenty-five 7 (25) Pelican Bay inmates identified by Plaintiffs’ counsel pursuant to the Court’s July 12, 2013 8 discovery order by no later than January 31, 2014. As of the date of this Order, Plaintiffs have 9 identified nineteen (19) Pelican Bay inmates alleged to have consented to being interviewed by Dr. 10 Haney. Once Plaintiffs’ counsel identifies the additional six (6) Pelican Bay inmates that consent to 11 being interviewed with Dr. Haney, counsel for the parties will confer regarding the scheduling of 12 those additional interviews. 13 2. By no later than 5 p.m. on January 6, 2014, Pelican Bay staff shall hand-deliver to 14 each of the nineteen (19) inmates from whom Plaintiffs’ counsel contend to have previously 15 obtained medical releases, CDCR Form No. 7385 entitled “Authorization for Release of 16 Information,” so that the inmates, rather than Plaintiffs’ counsel, may complete, date, and execute 17 the forms for the release of the medical records that Plaintiffs have sought from such inmates. 18 3. Defendants’ and Plaintiffs’ mental-health experts may use the C-files and medical 19 records of Plaintiffs to make inquiry during Plaintiffs’ mental-health examinations. The experts may 20 also inquire as to Plaintiffs’ day-to-day activities, including, but not limited to, activities in which 21 Plaintiffs engage that Defendants contend to be in furtherance of Plaintiffs’ current membership or 22 association with a prison gang. The experts are restricted, however, from asking whether Plaintiffs 23 are currently gang members or associates. 24 4. The parties shall exchange copies of any notes taken by their respective mental-health 25 experts during the course of interviewing or evaluating the named Plaintiffs, including any written 26 record of Dr. Morgan’s examinations of the Plaintiffs that are set to begin on January 6, 2014, by no 27 later than January 13, 2014. This includes any notes of or written record taken by Dr. Craig Haney 28 and Dr. Terry Kupers in connection with any interview or evaluation of each named Plaintiff. ORDER RE: MENTAL-HEALTH EXAMINATIONS 1 Case No. 4:09 CV 05796 CW 1 5. Counsel for the parties shall confer and work with the litigation office at Pelican Bay 2 to schedule telephone calls so that Plaintiffs’ counsel may speak with their clients in advance of Dr. 3 Morgan’s mental-health examinations, scheduled to begin the morning of January 6, 2014. To the 4 extent administratively feasible under the circumstances, the telephone calls between Plaintiffs’ 5 counsel and the named Plaintiffs should take place by 5 p.m. on January 5, 2014, but in any event 6 shall occur prior to the examination by Dr. Morgan of any Plaintiff with whom Plaintiffs’ counsel 7 have requested time to prepare by telephone in advance of the examinations. 8 APPROVED AS TO FORM: 9 Dated: January 6, 2014 /s/ Carmen Bremer _______________ Carmen Bremer Counsel for Plaintiffs 10 11 12 Dated: January 6, 2014 /s/ Adriano Hrvatin ______________ Adriano Hrvatin Counsel for Defendants 13 14 15 16 17 DATED: January 6, 2014 _______________________________________ Honorable Nandor J. Vadas UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?