Carrion et al v. American Standard Insurance Company of Wisconsin et al
Filing
72
COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Craig B. Shaffer: Motion Hearing held on 1/20/2016. Plaintiff's subpoenas are WITHDRAWN. Finding as moot 61 Motion to Quash. The court imposes a protective order. Telephone Status Conference set for 1/29/2016 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Parties participating in the hearing shall initiate a conference call among themselves and call the court (303.844.2117) at the scheduled time. Final Pretrial Conference set for 1/26/2016 is VACATED. FTR: Courtroom A-402. (amont, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Craig B. Shaffer
Civil Action: 14‐cv‐02530‐WJM‐CBS
Date: January 20, 2016
Courtroom Deputy: Amanda Montoya
FTR – Reporter Deck‐Courtroom A402
Parties:
Counsel:
VALENTINA CARRION, et al.,
John Taussig
Scott Smith
Plaintiff,
v.
AMERICAN STANDARD INSURANCE
COMPANY OF WISCONSIN,
Rebecca Wagner
Ian Mitchell
Defendant.
COURTROOM MINUTES/MINUTE ORDER
HEARING: MOTION HEARING
Court in session: 10:02 a.m.
Court calls case. Appearances of counsel. Sandy Eloranto, Dr. Reiss’ personal attorney, is
present.
This hearing comes before the court in regards to [61] Integrated Medical Evaluations, Inc. and
Certified Medical Consultants, Inc.’s Motion to Quash Subpoenas to Produce Documents. Dr.
Reiss’ deposition is set for January 25, 2016.
Plaintiff’s counsel asks to modify the subpoenas to only include 1099 payments made to Dr.
Reiss from 2007‐present. Mr. Mitchell asks that new subpoenas be served with these
limitations. Plaintiff’s counsel withdraws the current subpoenas and will re‐serve them. Mr.
Mitchell agrees to waive the 11 day period under the Local Rules.
ORDERED: The subpoenas in regards to [61] Integrated Medical Evaluations, Inc. and
Certified Medical Consultants, Inc.’s Motion to Quash Subpoenas to Produce
Documents are WITHDRAWN and the motion is MOOT.
The requested 1099’s will be produced pursuant to the following conditions that
the court is imposing from the bench pursuant to the court’s authority under
Fed.R.Civ.P. Rule 26(c): The court finds that Dr. Reiss has a privacy interest in the
1099’s and the reflected payments. In order to ensure that Dr. Reiss’ privacy
interests are respected and protected, it is REQUIRED that Integrated Medical
Evaluations and Certified Medical Consultants stamp these documents with
“attorneys’ eyes only”. The documents will be produced to Plaintiff’s counsel on
an attorneys’ eyes only basis. These documents may not be shown to anyone
other than Plaintiff’s counsel and staff members in their office, without
expressed permission from the court. The only exception to the expressed
permission requirement, is that the documents may be used at Dr. Reiss’
deposition. To the extent that they are marked as exhibits at Dr. Reiss’
deposition, those pages of the deposition transcript where the exhibits are used
and discussed, must also be stamped “attorneys’ eyes only” and will be subject
to the same restriction. Those deposition pages may not be used for any
purpose without the court’s permission. This protective order only applies to
the discovery process. Judge Martinez will ultimately decide if these documents
may be used at trial. Integrated and Certified must provide these documents
within 48 hours of today’s date. Integrated’s production may not be shared with
Certified or any employee, agent, or representative of Certified. Similarly,
Certified’s production may not be shared with Integrated or any employee,
agent, or representative of Certified.
Discussion regarding Corvell needing to comply with the court’s imposed protective order. This
protective order does not apply to Corvell. Plaintiff’s counsel shall discuss narrowing the
subpoena served on Corvell.
ORDERED: A Telephone Status Conference is set for January 29, 2016 at 8:30 a.m. to
discuss any updates from Dr. Reiss’ deposition and to re‐schedule the Final
Pretrial Conference. Parties participating in the hearing shall initiate a
conference call among themselves and call the court (303.844.2117) at the
scheduled time.
The Final Pretrial Conference set for January 26, 2016 is VACATED.
HEARING CONCLUDED.
Court in recess: 11:30 a.m.
Total time in court: 01:28
To order transcripts of hearings please contact Stevens-Koenig Reporting at (303) 988-8470.
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