McCain v. St. Clair, County of et al

Filing 45

STIPULATION FOR PROTECTIVE ORDER regarding exparte meeting/discussions with Plaintiff's treating physicians, medical providers and pharmacists Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Eugene McCain,
Plaintiff,
Case No. 2:16-cv-10112
v
Hon. Robert H. Cleland
St. Clair County, Lt. Peter Biondo, Captain
Bliss, Dep. D. Fleming, Dep. Kacafirek,
Dep. Kaminsky, Sgt. Labeau, Dep.
Lembas, Dep. Methany, Sgt. Olejnik, Dep.
B. Rogers, Dep. Schmidt, Dep. S. Walker,
Sgt. Witkowski, Dep. M. Zuehlke, Amanda
Bishop, LPN, Kim King, RN, Brandi
Schieman, LPN, Reid Stromberg, MD and
Officer Chad Smith, Jointly and Severally,
Defendants.
______________________________________________________________________
Todd J. Weglarz (P48035)
Donald K. Warwick (P44619)
Geoffrey N. Fieger (P30441)
Attorney for Amanda Bishop, LPN, Kimberly
Attorneys for Plaintiff
King, LPN and Brandi Schieman, LPN
Fieger, Fieger, Kenney & Harrington, PC
Giarmarco, Mullins & Horton, PC
19390 W. Ten Mile Road
Tenth Floor, Columbia Center
Southfield, MI 48075
101 W. Big Beaver Road
[phone]
Troy, MI 48084
[e-mail]
[phone]
[e-mail]
Todd J. Shoudy (P41895)
Attorney for St. Clair County, Lt. Peter
Karen M. Faett (P41609)
Biondo, Captain Bliss, Dep. D. Fleming, Attorney for Reid Stromberg, MD
Dep. Kacafirek, Dep. Kaminsky, Sgt.
Siemion Huckabay
Labeau, Dep. Lembas, Dep. Methany,
One Towne Square, Suite 1400
Sgt. Olejnik, Dep. B. Rogers, Dep.
Box 5068
Schmidt, Dep. S. Walker, Sgt.
Southfield, MI 48086-5068
Witkowski, Dep. M. Zuehlke
[phone]
Fletcher Fealko Shoudy & Francis, P.C. [e-mail]
1411 Third Street, 4th Floor, Suite F
Port Huron, MI 48060
T. Allen Francis (P66160)
[phone]
Attorney for Officer Chad Smith
[e-mail]
Fletcher Fealko Shoudy & Francis, PC
1411 Third Street, Suite F
Port Huron, MI 48060
[phone]
[e-mail]

______________________________________________________________________
STIPULATION FOR PROTECTIVE ORDER REGARDING
EX PARTE MEETINGS/DISCUSSIONS WITH
PLAINTIFF, EUGENE MCCAIN’S TREATING PHYSICIANS,
MEDICAL PROVIDERS AND PHARMACISTS
_____________________________________________________________________
It is stipulated that Defense counsel shall be permitted to hold ex parte
meetings/discussions with Plaintiff, Eugene McCain’s treating physicians, medical
providers and pharmacists.
It is further stipulated that Defense counsel shall be required to give notice to
Plaintiff, Eugene McCain’s treating physicians/medical providers/pharmacists, both as to
the purpose of any such ex parte meetings/discussions and to the fact that the ex parte
meetings/discussions are not required.
It is further stipulated that Defense counsel shall advise Plaintiff, Eugene
McCain’s treating physicians/medical providers/pharmacists that they may have their
own counsel present during the meetings/discussions.
It is further stipulated that Defense counsel shall advise Plaintiff, Eugene
McCain’s treating physicians/medical providers/pharmacists of the purpose of the
meetings/discussions,

as

well

as

providing

the

treating

physicians/medical

providers/pharmacists with the case caption information.
It is further stipulated that Defense counsel need not provide notice to Plaintiff’s
counsel nor obtain Plaintiff’s counsel’s consent before Defense counsel holds
meetings/discussions with Plaintiff, Eugene McCain’s treating physicians/medical
providers/pharmacists.
It is further stipulated that Plaintiff’s counsel is not entitled to participate in
Defense counsel’s ex parte meetings/discussions. However, this Order shall not be
2

construed as limiting Plaintiff’s counsel’s ability to conduct ex parte meetings/
discussions

with

Plaintiff,

Eugene

McCain’s

treating

physicians/medical

providers/pharmacists.
It is further stipulated that Defense counsel shall advise Plaintiff’s counsel and all
Co-Defense

counsel,

in

writing,

within

7

days

after

any

such

ex

parte

meetings/discussions take place.
It is further stipulated that Plaintiff’s counsel shall advise all Defense counsel, in
writing,

within

7

days

after

Plaintiff’s

counsel

holds

any

such

ex

parte

meetings/discussions.
Fieger, Fieger, Kenney & Harrington, PC

Giarmarco, Mullins & Horton, P.C.

By: /s/ Todd J. Weglarz (with permission)
Todd J. Weglarz (P48035)
Attorney for Plaintiff

By:_/s/ Donald K. Warwick_____________
Donald K. Warwick (P44619)
Attorney Amanda Bishop, LPN,
Kimberly King, LPN and Brandi
Schieman, LPN

Fletcher Fealko Shoudy & Francis, P.C.

Fletcher Fealko Shoudy & Francis, P.C.
By: /s/ Todd Shoudy (with permission)
Todd Shoudy (P41895)
Attorney for St. Clair County, et al.

By: _/s/ T. Allen Francis (with permission)_
T. Allen Francis (P66160)
Attorney for Officer Chad Smith

Siemion Huckabay

By: _Karen M. Faett (with permission)
Karen M. Faett (P41690)
Attorney for Reid Stromberg, MD
______________________________________________________________________
PROTECTIVE ORDER REGARDING
EX PARTE MEETINGS/DISCUSSIONS WITH
PLAINTIFF, EUGENE MCCAIN’S TREATING PHYSICIANS,
MEDICAL PROVIDERS AND PHARMACISTS
______________________________________________________________________
Pursuant to the above Stipulation,
3

It is ordered that Defense counsel shall be permitted to hold ex parte
meetings/discussions with Plaintiff, Eugene McCain’s treating physicians/medical
providers/pharmacists.
It is further ordered that Defense counsel shall be required to give notice to
Plaintiff, Eugene McCain’s treating physicians/medical providers/pharmacists, both as to
the purpose of any such ex parte meetings/discussions and to the fact that the ex parte
meetings/discussions are not required.
It is further ordered that Defense counsel shall advise Plaintiff, Eugene McCain’s
treating physicians/medical providers/pharmacists that they may have their own counsel
present during the meetings/discussions.
It is further ordered that Defense counsel shall advise Plaintiff, Eugene McCain’s
treating physicians/medical providers/pharmacists of the purpose of the meetings/
discussions, as well as providing the treating physicians/medical providers/pharmacists
with the case caption information.
It is further ordered that Defense counsel need not provide notice to Plaintiff’s
counsel nor obtain Plaintiff’s counsel’s consent before Defense counsel holds
meetings/discussions

Plaintiff,

Eugene

McCain’s

treating

physicians/medical

records/pharmacists.
It is further ordered that Plaintiff’s counsel is not entitled to participate in Defense
counsel’s ex parte meetings/discussions. However, this Order shall not be construed as
limiting Plaintiff’s counsel’s ability to conduct ex parte meetings/discussions with
Plaintiff, Eugene McCain’s treating physicians/medical providers/pharmacists.

4

It is further ordered that Defense counsel shall advise Plaintiff’s counsel and all
Co-Defense

counsel,

in

writing,

within

7

days

after

any

such

ex

parte

meetings/discussions take place.
It is further ordered that Plaintiff’s counsel shall advise all Defense counsel, in
writing,

within

7

days

after

Plaintiff’s

counsel

holds

any

such

meetings/discussions.

s/Robert H. Cleland
United States District Court Judge
Dated:

July 27, 2016

5

ex

parte