143 Dfj Mpo Dme - Proposed Order

Case 1:07-cv-00026-OWW-TAG

Document 143

Filed 05/23/2008

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID F. JADWIN, D.O., Plaintiff, vs.

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COUNTY OF KERN; et al. 12 Defendants.

1:07-cv-00026-OWW-TAG [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTIONS FOR PROTECTIVE ORDER; TO QUASH TWO RECORD SUBPOENAS FOR PLAINTIFF’S PSYCHIATRIC RECORDS; AND FOR DEFENDANTS’ COMPLIANCE WITH THE COURT’S ORDER RE: PLAINTIFF’S EXAMINATION

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The above matter came on regularly for hearing before the Honorable Oliver W. Wanger on May

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23, 2008 at 12:00 p.m., in Courtroom 3 of the United States Courthouse located at 2500 Tulare Street,

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Fresno, California 93721. The Court has read and reviewed the motion, declarations and memorandum

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of Plaintiff, and considered the arguments of counsel. Eugene D. Lee of the Law Office of Eugene Lee

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appeared telephonically for Plaintiff and Mark A. Wasser of the Law Offices of Mark A. Wasser

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appeared telephonically for Defendants, and the matter was heard via ECRO. Good cause appearing, the

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Court hereby orders as follows.

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// [PROPOSED] ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTIONS FOR PROTECTIVE ORDER; TO QUASH TWO RECORD SUBPOENAS FOR PLAINTIFF’S PSYCHIATRIC RECORDS; AND FOR DEFENDANTS’ COMPLIANCE WITH THE COURT’S ORDER RE: PLAINTIFF’S EXAMINATION 1

Case 1:07-cv-00026-OWW-TAG

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Document 143

Filed 05/23/2008

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IT IS HEREBY ORDERED that Plaintiff’s Motions for Protective Order; to Quash Two Record

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Subpoenas for Plaintiff’s Psychiatric Records; and for Defendants’ Compliance with the Court’s Order

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re: Plaintiff’s Examination is GRANTED in part and DENIED in part as follows:

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1.

Plaintiff’s motion for protective order prohibiting Defendants, and their experts, from

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seeking discovery of Plaintiff’s psychiatric records in violation of the Scheduling Order dated May 31,

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2007, is DENIED WITHOUT PREJUDICE.

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2.

Plaintff’s motion to quash Defendants’ records subpoena for Plaintiff’s psychiatric

records kept by Paul Riskin, M.D., is GRANTED. 3.

Plaintff’s motion to quash Defendants’ records subpoena for Plaintiff’s psychiatric

records kept by Anoshiravan Taheri-Tafreshi, M.D., is GRANTED. 4.

Plaintiff’s motion for an order requiring Defendants to comply with this Court’s modified

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schedule regarding Plaintiff’s Rule 35 examination is DENIED. Plaintiff shall submit to 5 more hours of

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mental and psychiatric examination by Dr. Robert Burchuk, to occur over two separate dates at a

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location convenient to Plaintiff. The parties are ordered to meet and confer regarding the setting of these

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dates and the allocation of the 5 hours over these dates.

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IT IS SO ORDERED.

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Date: May , 2008

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______________________________________ Honorable Oliver W. Wanger Judge of the United States District Court Eastern District of California

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