Sylvester v. County of Del Norte et al

Filing 85

ORDER re 81 Letter filed by Taser International, Inc.. Signed by Magistrate Judge Nandor J. Vadas on October 30, 2012. (njvlc2, COURT STAFF) (Filed on 10/30/2012)

1
2
3
4
5
6

Craig A. Livingston (SBN 148551)
LIVINGSTON LAW FIRM
A Professional Corporation
1600 South Main Street, Suite 280
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant
TASER International, Inc.

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA
JUNE ELAINE SYLVESTER,
) Case No. C – 11 – 01459 YGR (NJV)
)
Plaintiff,
)
) [PROPOSED] ORDER RE: DECEDENT’S
vs.
) MEDICAL AND PSYCHOLOGICAL
) RECORDS
COUNTY OF DEL NORTE, et al.,
)
)
Defendants.
)
)
)

10
11
12
13
14
15

On June 22, 2012 this Court issued an Order directing plaintiff to produce all decedent’s

16
17

medical and psychological records for the five years preceding the incident. Plaintiff’s counsel

18

has produced some medical and psychological records within the five years prior to the incident

19

but withheld records dated within five years prior to the incident that incorporate information

20

outside the five-year period under a claim of privilege. On October 19, 2012, counsel for

21

TASER International, Inc. filed a letter brief requesting clarification of this Court’s June 22,

22

2012 Order.

23

Counsel were given an opportunity to be heard on the matter. Having considered the

24

arguments of counsel, the Court finds that good cause exists for this Court to order plaintiff June

25

Sylvester to produce all decedent’s medical and psychological records generated within the five

26

years preceding the incident, even if those records refer to or incorporate events that occurred

27

////
__________________________________________________________________________________________________________________

28

Sylvester v. County of Del Norte, et al. – Case No. CV 11-01459

[PROPOSED] ORDER RE: DECEDENT’S MEDICAL AND PSYCHOLOGICAL RECORDS
1

1

outside the five year period. Plaintiff shall produce the responsive records to TASER within ten

2

(10) days of the date of this Order.

3

IT IS SO ORDERED.
Dated: October 30, 2012

4
5

Nandor J. Vadas
United States Magistrate Judge

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
__________________________________________________________________________________________________________________

28

Sylvester v. County of Del Norte, et al. – Case No. CV 11-01459

[PROPOSED] ORDER RE: DECEDENT’S MEDICAL AND PSYCHOLOGICAL RECORDS
2