UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
October 30, 2012
JUNE ELAINE SYLVESTER, PLAINTIFF,
COUNTY OF DEL NORTE, ET AL.,
The opinion of the court was delivered by: Nandor J. Vadas United States Magistrate Judge
[PROPOSED] ORDER RE: DECEDENT'S MEDICAL AND PSYCHOLOGICAL RECORDS
On June 22, 2012 this Court issued an Order directing plaintiff to produce all decedent's medical and psychological records for the five years preceding the incident. Plaintiff's counsel 18 has produced some medical and psychological records within the five years prior to the incident 19 but withheld records dated within five years prior to the incident that incorporate information 20 outside the five-year period under a claim of privilege. On October 19, 2012, counsel for 21 TASER International, Inc. filed a letter brief requesting clarification of this Court's June 22, 2012 Order.
Counsel were given an opportunity to be heard on the matter. Having considered the arguments of counsel, the Court finds that good cause exists for this Court to order plaintiff June Sylvester to produce all decedent's medical and psychological records generated within the five 26 years preceding the incident, even if those records refer to or incorporate events that occurred 27 outside the five year period. Plaintiff shall produce the responsive records to TASER within ten 2 (10) days of the date of this Order. 3
IT IS SO ORDERED.
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