Hardin v. Mendocino Coast District Hospital et al

Filing 249

Discovery Order re 237 Discovery Order, Terminate Motions. Signed by Magistrate Judge Thomas S. Hixson on 9/6/2019. (rmm2S, COURT STAFF) (Filed on 9/6/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ELLEN HARDIN, Plaintiff, 8 9 10 11 Case No. 17-cv-05554-JST (TSH) DISCOVERY ORDER v. Re: Dkt. No. 237 MENDOCINO COAST DISTRICT HOSPITAL, et al., United States District Court Northern District of California Defendants. 12 13 In ECF No. 237, the Court granted Defendants’ motion for reconsideration pursuant to 14 Civil Local Rule 7-9(b)(2) of a portion of ECF No. 106. Because the parties’ briefing on the 15 motion for reconsideration was all-or-nothing, the Court made some observations about subjects 16 addressed in documents produced by Antelope Valley and Community Regional that could be 17 sufficiently relevant to this action to warrant Defendants’ use of them notwithstanding Plaintiff 18 Ellen Hardin’s privacy objections. The prior employers had produced hundreds of pages of 19 documents, however, and the Court wanted to issue a precise order. Accordingly, the Court 20 ordered the parties to meet and confer, and if they could not agree (they have not) to submit 21 competing proposals by Bates number specifying exactly which pages in the document 22 productions Defendants should be able to use. The Court ordered the parties to submit the letter 23 brief by 3:00 p.m. today so that the Court could issue a follow-on order this afternoon in light of 24 the depositions starting on Monday, see ECF No. 222, to which these documents are relevant. The 25 parties have filed their joint brief, see ECF No. 248, and the Court has considered it. 26 Because it is important for the Court to issue this order today, the Court does not explain 27 for each document why it does or does not agree with the request to use it. The Court’s order 28 follows the reasoning set out in ECF No. 237 and the further arguments of the parties in the joint 1 letter brief. A detailed order explaining the Court’s decision as to each document could not 2 feasibly be issued today. The Court ORDERS that Defendants1 may use the following documents, and no others, 3 4 from the document productions of Antelope Valley and Community Regional: Antelope Valley: AVH 1-7, 9-12, 17-26, 28-38, 40, 43-47, 60, 71, 74-76, 78-83, 85-93, 5 6 95-106, 109, 151-53. Community Regional: CRMCHRD 1-16, 19-22, 29-41, 62-65, 166-94, 197-201, 207, 212, 7 8 214, 216, 218, 221, 226, 228. 9 IT IS SO ORDERED. 10 United States District Court Northern District of California 11 12 Dated: September 6, 2019 13 THOMAS S. HIXSON United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Hardin can use them too, of course. Here, it is the Defendants who are making the request. 2

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