Inge et al v. Covenant Medical Group

Filing 15

ORDER granting 13 Unopposed Motion for Order Allowing Children, Youth, and Family Services to Release Records by Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ELIZABETH INGE, et al.,
Plaintiffs,
v.

No. CIV 17-0221 SMV/CG

COVENANT MEDICAL GROUP,
Defendant.
STIPULATED ORDER TO ALLOW THE RELEASE OF
CHILDREN YOUTH AND FAMILY DEPARTMENT RECORDS
THIS MATTER is before the Court on Defendant’s Unopposed Motion for Order
Allowing Children, Youth, and Family Services to Release Records (Doc. 13), filed June
5, 2017. In the motion, Defendant asks the Court to enter this order to allow the
disclosure of records of the New Mexico Children Youth and Family Department
(“CYFD”) concerning the child(ren) of Johnny Inge, and/or Elizabeth Inge. The Court,
having read the motion, noting that it is not opposed by counsel for Plaintiffs or by
counsel for CYFD, and being advised that such production will include certain
information that is private and confidential, finds that the disclosure of these records to
the parties is appropriate based on the claims and defenses of the parties in the current
action. In addition, the disclosure of these records is appropriate and in accord with
N.M.S.A. 1978 § 32A-4-33(B)(19).
IT IS THEREFORE ORDERED that:
1.

Within sixty (60) days of receipt of this Order, CYFD shall:
a.

Deliver to Carla Williams, Esq., care of Atwood, Malone, Turner &

Sabin P.A., 400 N. Pennsylvania Ave., Suite 1100, Roswell, NM 88201, all documents,

records, and information in its possession, custody, or control concerning the child(ren)
of Johnny Inge, and/or Elizabeth Inge, including, but not limited to social records,
diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and
audio recordings, juvenile probation records, and records from the juvenile justice
division for an in camera review; or
b.
2.

File written objections to the release of such records;

The materials provided by CYFD shall be deemed confidential and shall

be disclosed only to the parties (or their officers, employees or agents to whom it is
necessary that such information be shown in the preparation of trial of this action),
attorneys for named parties in this action (including their employees), and outside
expert witnesses and consultants employed by the parties or their attorneys for this
action. All such persons shall use such Confidential Material solely in the preparation for
or at the trial of this action and for no other purpose. All records obtained from CYFD
must be destroyed or returned to CYFD at the conclusion of this litigation;
3.

Defendant will pay the costs incurred by CYFD in copying and providing

the requested documents to Carla Williams; and
4.

Defendant, at its expense, will copy and provide the requested documents

to Plaintiff’s counsel within five (5) business days of receipt of the documents from
CYFD.

___________________________________
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE

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