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Downing v. Wanchek

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 2, 2009

LARRY DOWNING, PLAINTIFF,
v.
ROBERT WANCHEK, CORNING TRUCK WASH, DEFENDANTS.

ORDER

On October 30, 2009, defendants filed a motion to compel a fully executed HIPAA form from plaintiff and for sanctions, and an application for an order shortening time on that motion. Dckt. Nos. 60, 61. Defendants contend that the executed HIPAA form "is necessary because a fully executed HIPAA form from plaintiff... is required in order for Defendants to take the deposition of a treating physician with respect to Plaintiff's alleged injuries in this case." Dckt. No. 61 at 1-2. According to defendants, the deposition of the treating physician is scheduled for November 9, 2009, and that date may be the only date that the physician is available for deposition prior to the February 3, 2010 discovery completion date, since the physician is in the Air Force and in residency training, and his "further availability for deposition is sporadic and uncertain." Id. at 2. Defendants therefore request that the court schedule the motion to compel for hearing prior to Thursday, November 5, 2009. Dckt. No. 61-2 at 4.

Eastern District of California Local Rule ("Local Rule") 6-144(e) provides that "Applications to shorten time shall set forth by affidavit of counsel the circumstances claimed to justify the issuance of an order shortening time [and] will not be granted except upon affidavit of counsel showing a satisfactory explanation for the need for the issuance of such an order and for the failure of counsel to obtain a stipulation for the issuance of such an order from other counsel or parties in the action." In light of the deposition scheduled for November 9, 2009, and defendants' representations regarding plaintiff's failure to provide a fully executed HIPAA form, defendants' application for an order shortening time will be granted.

Accordingly, IT IS ORDERED that:

1. Defendants' application for an order shortening time, Dckt. No. 61, is granted.

2. Defendants' motion to compel a fully executed HIPAA form from plaintiff and for sanctions will be heard on Wednesday, November 4, 2009, at 10:00 a.m. in Courtroom No. 25.

3. On or before 2:00 p.m. on Tuesday, November 3, 2009, the parties shall file a Joint Statement re Discovery Disagreement ("Joint Statement"), providing (1) the specific disputed discovery category or item; (2) the response; (3) the moving party's position; and (4) the opposition.*fn1

4. In addition to filing the Joint Statement electronically in.pdf format, defendants shall also submit the Joint Statement by email in Word or Word Perfect format to efborders@caed.uscourts.gov by November 3, 2009, at 2:00 p.m. The email subject line must contain the words "Joint Statement," as well as the case number.

SO ORDERED.


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