Redon v. San Diego, County of, CA et al

Filing 109

ORDER For Release of Plaintiff's Medical And Mental Health Records From San Diego County Mental Health And Kaiser Permanente re 34 Ex Parte MOTION (Application) For An Order Compelling Written Discovery Responses, Release of Medical Records, and Plaintiff's Participation in an Independent Medical Examination, Use of Courtroom Facilities and Brief Fact Discovery Continuance filed by Brandon Jordan, Derek Miller, Andres Ruiz. Signed by Magistrate Judge Karen S. Crawford on 3/22/2017.(All non-registered users served via U.S. Mail Service)(dxj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA
Case No. 13cvl765 WQH(KSC)

10 JASON A. REDON,
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Plaintiff,

ORDER FOR
RELEASE of PLAINTIFF’S
MEDICAL AND MENTAL
HEALTH RECORDS FROM
SAN DIEGO COUNTY MENTAL
HEALTH AND KAISER
PERMANENTE

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v.
13 ANDRES RUIZ, et al,
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Defendants.

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Defendants contend that Plaintiffs mental health is at issue in this case based
on his behavior at the time of the May 3, 2011, and August 19, 2011, incidents.
Plaintiff has a history of mental health issues which may have been a contributing
factor to the occurrence of such incidents.
After Defendants filed an Ex Parte Application for an Order for release of
Plaintiffs medical records (ECF No. 34), this Court issued an Order granting
Defendants’ Ex Parte compelling Plaintiff to sign authorizations for a release of his
medical records from Kaiser Permanente and San Diego County Mental Health (ECF
No. 49). Plaintiff objected to the Court’s order on December 4, 2014 (ECF No. 56)
and the Court overruled Plaintiffs objections on June 7, 2016 (ECF No. 82, 49).
Plaintiff failed to comply with the Court’s orders to execute authorizations.
Therefore, Defendants request that the Court grant an order for release of Plaintiff s
medical records.
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13cvl765 WQH(KSC)

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The Health Insurance Portability and Accountability Act requires protection
and confidential handling of protected health information of individuals. Pursuant to

3 California Civil Code 56.10(a), a healthcare provider is not to disclose medical
4 information and records without an authorization signed by the patient. However,
5 under California Civil Code 56.10(b)(1), a healthcare provider shall disclose medical
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information and records pursuant to a court order.
This Court, having reviewed the matter as stated above and finding good cause

8 therefore, grants Defendants’ request for release of Plaintiffs medical and mental
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health records as follows:

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1.

Records pertaining to Plaintiff Jason Redon shall be released by Kaiser

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Permanente, specifically including records from Michael Pat-Wai Wu, M.D. and the

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Kaiser Permanente psychiatry department from 2009 to present.

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2.

Records pertaining to Plaintiff Jason Redon shall be released from San

14 Diego County Mental Health from 2009 to present.
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3.
Records pertaining to Plaintiff Jason Redon shall be released from Jeff
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Schanowitz, Ph.D. from 2009 to present.

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4.

Records pertaining to Plaintiff Jason Redon shall be released from

18 Joseph J. Sheridan, M.D. from 2009 to present.
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IT IS SO ORDERED.

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Dated:

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United States Magistrate Judge

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13cvl765 WQH(KSC)