Metallo v. Orlando Utilities Commission et al

Filing 80

ORDER granting 79 Motion to authorize subpoena to the VA. Signed by Magistrate Judge Karla R. Spaulding on 12/21/2015. (Spaulding, Karla)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
WILLIAM R. METALLO,
Plaintiff,
v.

Case No: 6:14-cv-1975-Orl-40KRS

ORLANDO UTILITIES COMMISSION,
DAN KIRBY, JOHN HUGH DYER and
WAYNE R. ZIMMERMAN,
Defendants.

ORDER
This cause came on for consideration without oral argument on the following motion filed
herein:
MOTION:

DEFENDANT’S UNOPPOSED MOTION FOR RENDITION
OF ORDER AUTHORIZING UNITED STATES
DEPARTMENT OF VETERANS AFFIRAMS TO RELEASE
PLAINTIFF’S MEDICAL RECORDS (Doc. No. 79)

FILED:

December 17, 2015

THEREON it is ORDERED that the motion is GRANTED.
Defendants have served a subpoena on the United States Department of Veterans Affairs
(“VA”) seeking release of Plaintiff William R. Metallo’s medical records. Counsel for Defendants
represent that Mr. Metallo does not object to production of these records.

Pursuant to 38 U.S.C. § 7332(b)(2)(D), the VA may comply with the subpoena if the
subpoena is authorized by an order of this Court upon a showing of good cause therefor.1 Mr.
Metallo has placed his medical conditions at issue in the complaint, which alleges that he is disabled.
Mr. Metallo has not voluntarily produced his medical records in discovery. Accordingly, good
cause exists to permit Defendants to obtain these records through the subpoena served on the VA.
It is, therefore, ORDERED that the subpoena served by Defendants on the VA is authorized by this
Order of the Court.
Section 7332(b)(2)(D) also requires this Court to impose appropriate safeguards against
unauthorized disclosure of Mr. Metallo’s medical records. It is, therefore, ORDERED that counsel
for Defendants shall treat Mr. Metallo’s medical records as confidential and disclose them only to
the parties, counsel for the parties and their support staff, expert witnesses, and the Court. This
Order shall not be construed, however, as permission to file any of these medical records under seal.
Counsel for Defendants are directed to deliver a copy of this Order to the VA forthwith.
DONE and ORDERED in Orlando, Florida on December 21, 2015.

Karla R. Spaulding
KARLA R. SPAULDING
UNITED STATES MAGISTRATE JUDGE

1

Section 7332(b)(2)(D) does not require that the subpoena be signed by a judge of this Court.

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