Hein v. AT&T Operations, Inc. et al

Filing 68

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 12/14/2009. ORDERED:Plaintiff's Motion for Extension of Time to Disclose Expert Witnesses, doc. # 47 , is DENIED AS MOOT. Defe ndants' Motion to Amend Scheduling Order and Request for Hearing, doc. # 41 , is DENIED AS MOOT. Plaintiff's Motion to Quash or Modify # 63 as it relates to Drs. Cobb and DiSorbio is DENIED AS MOOT. The Motion to Quash or Modify with res pect to Dr. Hargett is DENIED. Defendants' Motion to Enforce Subpoenas Duces Tecum, doc. # 54 is GRANTED IN PART AND DENIED IN PART. The Motion is granted as to Starkey; denied as to Cobb; and denied as to Triggs. Nonparty Exempla, Inc.' ;s Motion for Protective Order, doc. # 52 , filed 10/30/2009 is GRANTED IN PART AND DENIED IN PART. The portion of the motion as it relates to Cobb and Triggs is denied as moot. The parties shall agree, by 5:00 p.m. today, on Ms. Heins start date a t AT&T. Counsel shall agree on when the two-year preceding period began. Counsel shall communicate those dates to Nonparty Exempla. Counsel for Exempla shall produce medical records for the two years preceding the start date to present. To the ex tent that Exempla has medical records for Dr. Starkey prior to the two-year period, Exempla shall produce to the court the documents for in camera review on or before 12:00 p.m. on DECEMBER 22, 2009. Exempla shall also provide copies of the document s for in camera review to counsel for Plaintiff and to counsel for Defendant on or before 12:00 p.m. on DECEMBER 22, 2009. Defendants' Motion to Enforce Subpoena Duces Tecum, doc. # 56 is GRANTED. Dr. Hargett is required to produce to Defenda nt, on or before 5:00 p.m. on DECEMBER 16, 2009, all medical records reflecting his treatment of Ms. Hein. Dr. Hargett shall also send a copy the records to Plaintiff's counsel. Upon receipt of the list of documents containing social security numbers, the Clerk's Office is directed to SEAL the documents consistent with Rule 5.2 by Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Craig B. Shaffer
Civil Action No.: 09-cv-00291-WYD-CBS Date: December 14, 2009 FTR - Reporter Deck - Courtroom A402 Courtroom Deputy: Linda Kahoe

SARAH HEIN, Plaintiff, v. AT&T OPERATIONS, INC., et al., Defendants, EXEMPLA, INC., Interested Party.

Rosemary Orsini Kevin Bemis

Melissa Monheim Randall Stacey Alan Campbell Deanne C. McClung

COURTROOM MINUTES/MINUTE ORDER HEARING: MOTION HEARING Court in session: 8:32 a.m. Court calls case. Appearances of counsel. Discussion and arguments regarding Plaintiff's Motion for Extension of Time to Disclose Expert Witnesses, doc. #[47], filed 10/22/2009. Ms. Orsini states she is withdrawing Plaintiff's Motion for Time, #[47] as Plaintiff no longer intends to use a damages expert. ORDERED: Plaintiff's Motion for Extension of Time to Disclose Expert Witnesses, doc. #[47], is DENIED AS MOOT. Discussion and arguments regarding Defendants' Motion to Amend Scheduling Order and Request for Hearing, doc. #[41], filed 9/30/2009. Mr. Campbell states he will withdraw the Motion to Amend #[41]. ORDERED: Defendants' Motion to Amend Scheduling Order and Request for Hearing, doc. #[41], is DENIED AS MOOT.

Discussion and arguments regarding Plaintiff's Motion to Quash or Modify Defendant's Subpoenas to Drs. Hargett, DiSorbio, Starkey and Cobb, doc. #[63], filed 11/19/2009. The court finds the psychotherapist/patient privilege has been waived as to all records prepared by and or in the possession of Dr. Hargett with respect to his treatment of Ms. Hein. For the reasons as stated on the record, it is: ORDERED: Plaintiff's Motion to Quash or Modify #[63] as it relates to Drs. Cobb and DiSorbio is DENIED AS MOOT. The Motion to Quash or Modify with respect to Dr. Hargett is DENIED. Discussion and arguments regarding Defendants' Motion to Enforce Subpoenas Duces Tecum, doc. #[54], filed 10/30/2009. For the reasons as stated on the record, it is ORDERED: Defendants' Motion to Enforce Subpoenas Duces Tecum, doc. #[54] is GRANTED IN PART AND DENIED IN PART. The Motion is granted as to Starkey; denied as to Cobb; and denied as to Triggs. ORDERED: Nonparty Exempla, Inc.'s Motion for Protective Order, doc. #[52], filed 10/30/2009 is GRANTED IN PART AND DENIED IN PART. The portion of the motion as it relates to Cobb and Triggs is denied as moot. The parties shall agree, by 5:00 p.m. today, on Ms. Hein's start date at AT&T. Counsel shall agree on when the two-year preceding period began. Counsel shall communicate those dates to Nonparty Exempla. Counsel for Exempla shall produce medical records for the two years preceding the start date to present. To the extent that Exempla has medical records for Dr. Starkey prior to the two-year period, Exempla shall produce to the court the documents for in camera review on or before 12:00 p.m. on DECEMBER 22, 2009. Exempla shall also provide copies of the documents for in camera review to counsel for Plaintiff and to counsel for Defendant on or before 12:00 p.m. on DECEMBER 22, 2009. Discussion regarding Defendants' Motion to Enforce Subpoena Duces Tecum, doc. #[56], filed 11/03/2009. ORDERED: Defendants' Motion to Enforce Subpoena Duces Tecum, doc. #[56] is GRANTED. Dr. Hargett is required to produce to Defendant, on or before 5:00 p.m. on DECEMBER 16, 2009, all medical records reflecting his treatment of Ms. Hein. Dr. Hargett shall also send a copy the records to Plaintiff's counsel. Ms. Orsini states that certain documents that were electronically filed contain social security numbers. Ms. Orsini states that the documents should have been filed under seal.

The court directs Ms. Orsini to determine which documents and exhibits contain the social security numbers and to provide a list to the courtroom deputy. ORDERED: Upon receipt of the list of documents containing social security numbers, the Clerk's Office is directed to SEAL the documents consistent with Rule 5.2. HEARING CONCLUDED. Court in recess: Total time in court: 9:47 a.m. 01:15

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