Ruiz-Camacho v. Costco Wholesale Corporation

Filing 32

ORDER Re: 30 Request for Guidance as to Authorizations. Defendant has until 1/19/2018 to submit amended authorizations to Plaintiff specifically exempting gynecological records and laboratory tests from disclosure. Signed by Magistrate Judge Cam Ferenbach on 1/9/2018. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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EVA RUIZ-CAMACHO,
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Plaintiff,
2:16-cv-02374-RFB-VCF
ORDER

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vs.
COSTCO WHOLESALE CORPORATION, et
al.

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REQUEST FOR GUIDANCE REGARDING
AUTHORIZATIONS [ECF NO. 30]

Defendants.
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On January 5, 2018, the parties submitted a stipulation to amend the discovery schedule in this
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case. (ECF No. 30). Parties also requested guidance from the Court regarding proposed authorizations to
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disclose Plaintiff’s medical information. (Id. at 2-3). These authorizations cover Plaintiff’s entire medical
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record or file starting at November 1, 2007 from various sources. (ECF No. 30-1).1 Plaintiff argued that
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Defendant’s proposed authorizations were too broad and would cover irrelevant information. (ECF No.
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30 at 2-3). Defendants argued that the medical information would “bear on plaintiff’s injury claim as well
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as her economic and/or wage loss claim.” (Id. at 3).
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“Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party's
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claim or defense and proportional to the needs of the case.” Fed. R. Civ. P. 26(b)(1). The scope of
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discovery is generally broad and covers evidence that “appears reasonably calculated to lead to the
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discovery of admissible evidence.” Kerr v. U.S. Dist. Court for N. Dist. of California, 511 F.2d 192, 196
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(9th Cir. 1975) (quoting Olympic Refining Company v. Carter, 332 F.2d 260, 266 (9th Cir. 1964)).
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ECF No. 30-1 also contains an “Authorization to Release Educational Information and Records,” which this Order does not
discuss, as it was not mentioned by either party in the stipulation.
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Plaintiff’s medical information is relevant to her injury and wage loss claims. Information relating

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to pre-existing, mental health, and drug-related conditions and other sicknesses or illnesses will bear on

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Plaintiff’s ability to work. Though some insurance records may implicate the collateral source rule, that

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is not a basis to bar their discovery.

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Plaintiff argues that specific medical information relating to gynecological records and laboratory

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tests are not relevant to this case. (ECF No. 30 at 2). The Court finds on the current record that Plaintiff’s

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gynecological records are not relevant to claims or defenses asserted in the case, and Defendant has failed

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to provide a basis for obtaining detailed laboratory results at this stage in the proceedings. To the extent

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that Defendant’s proposed authorizations cover this information, the Court concludes that the

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authorizations are too broad.

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Accordingly, and for good cause shown,

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IT IS ORDERED that Defendant has until January 19, 2018 to submit amended authorizations to

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Plaintiff specifically exempting gynecological records and laboratory tests from disclosure.

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DATED this 9th day of January, 2018.
_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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