Mayfield v. Orozco

          ORDER

          ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE

         The University of California Davis Health System and related individual defendants (hereinafter “UC Defendants”) filed a Motion to Compel Plaintiff’s Conservator to Sign Authorization to Release Records from the Social Security Administration. ECF Nos. 111, 120. The motion came on for hearing before the undersigned on July 20, 2016. Bianca Watts appeared for the UC Defendants and Acrivi Coromelas appeared by telephone for plaintiffs. For the reasons set forth below, the court will grant the motion.

         BACKGROUND

         Plaintiff James Joshua Mayfield attempted suicide in the Sacramento County Jail, where he was a pre-trial detainee, and survived with quadriplegia and cognitive impairments. He and his wife and son sue the County and various jail correctional staff, as well as the UC Defendants and related jail psychiatric staff, on grounds including failure to protect, failure to provide medical care, and medical malpractice.

         The court has previously granted, in substantial part, plaintiffs’ motion to compel production of documents from defendants (ECF No. 100). The prior motion was granted by an Order dated July 1, 2016, with the caveat that a Protective Order must be submitted to and approved by the Court prior to production of certain documents. ECF No. 117. No proposed protective order has yet been submitted. At hearing on the instant motion, counsel represented that a draft is currently being circulated among the parties.

         THE MOTION TO COMPEL

         On June 15, 2016, defendant requested consent from plaintiff’s conservator to obtain records from the Social Security Administration. The parties then met and conferred regarding both the scope and the manner of the production. Plaintiffs wished to receive the documents directly from the Social Security Administration so they could, within a two week period following receipt, redact confidential and sensitive information and prepare a privilege log. Plaintiffs also sought explicit agreement to their right to object to the introduction of any such documents in litigation. The UC Defendants did not accept these conditions, and brought the motion now before the Court. The documents requested include:

1. Current month Social Security benefit;

2. Current Social Security Income payment amount;

3. Benefit or payment amounts from July 13, 2013 to the production date;

4. Medicare entitlement from July 17, 2014 to the production date;

5. Records of disability benefits comprising:

a. Applications

b. ...