United States District Court, N.D. California
ORDER LIMITING SCOPE OF CASE RE: DKT. NOS. 173, 174,
WILLIAM H. ORRICK, UNITED STATES DISTRICT JUDGE
Civil Minutes following the May 7, 2019 Case Management
Conference, I ordered plaintiff Gregg Hansen to provide the
remaining defendants (Marin General Hospital, Lawrence Levy,
Genevieve Estilo, and Marin Nephrology) with a list of: (1)
the dates he alleged dialysis was denied or delayed; (2) the
dates that his ADA rights were violated, and (3) a list of
any agreements he believes were breached. Dkt. No. 173. Mr.
Hansen was required to turn over that information by June 18,
2019. Id. I specifically warned Mr. Hansen that
“[f]ailure to provide that information may result in
dismissal of the litigation.” Id. In that
Order, defense counsel were directed to advise me of any
non-compliance with my Order by June 25, 2019, and Hansen was
given leave to respond by July 2, 2019.
25, 2019, defense counsel notified me that Hansen had failed
to comply with my very explicit directions (Notices). The
Notices were served by mail on Hansen. Dkt. No. 174-1, 175-2.
Hansen has not, as of the date of this Order, filed any
response to defense counsel's Notices.
Notices filed by defense counsel included all emails they had
received from or sent to Hansen between May and June 25,
2019. In those emails, Hansen explained his difficulties with
securing copies of his treatment records from MGH and also an
inability to access his emails from 2018. Declaration of
Kevin P. Kelly [Dkt. No. 175], Exs. A, E.
of his emails Hansen identified twenty dates where he
believed the ADA was violated and/or medical malpractice
committed, but those dates were all for service or attempted
service in 2019 and all post-date the filing of the Fourth
Amended Complaint. Kelly Decl., Ex. B (identifying eleven
dates in 2019), Ex. C. (identifying nine dates in 2019).
Hansen also asked counsel to stipulate that Hansen intended
to include as dates of ADA violations every one of his 300
visits to MGH over the last three years. See Kelly
Decl., Exs. B, D, [Dkt. No. 175] Ex. F. at 1. Defense counsel
refused to so stipulate. Kelly Decl., Ex. D; Letter from
Michael Garvin [Dkt. No. 174], at ECF pg. 19 of 41.
these email exchanges, Hansen did not identify any specific
dates regarding ADA/service dog violations or incidents of
medical malpractice in 2018, 2017 or 2016. Likewise, Hansen
did not identify any specific contracts he claims MGH
such, defendants ask me to dismiss this case for Hansen's
failure to comply with my Order. Dkt. Nos. 174, 175.
not dismiss this case, as Hansen did identify some
dates of alleged malpractice (substandard treatment or
refusal of treatment), as well as ADA violations and
documents he contends are contracts breached by MGH in his
Fourth Amended Complaints and attachments thereto. I will,
therefore, limit the scope of this case to those
specific dates and contracts.
2019 dates identified by Hansen in his June 2019
correspondence cannot be included within the scope of this
case because they post-date the filing of his Fourth Amended
Complaint. Finally, Hansen's assertion in his emails to
defense counsel that he wants to allege an ADA violation for
every date he sought or received service at MGH for the past
three years is not what was required by my order and it not
appropriate. Hansen, by his own admissions in the attachments
to his Fourth Amended Complaint notes that he did not always
bring his dog with him for dialysis treatment.
noted in the last Case Management Conference, this case must
move forward and defendants must be able to investigate the
claims and prepare their defense with respect to
specific dates. Therefore, the
medical malpractice, ADA, and breach of contract claims are
limited to the dates and contracts identified below.
Malpractice Claims Against Levy, Estilo & Marin
case will be limited to the specific dates identified by
Hansen in his Fourth Amended Complaint and the exhibits
attached thereto. With respect to Levy or Estilo, that
includes the following allegations of denials of or negligent
treatment: December 6, 2016, April 16, 2017,
September 14, 2017, and January 4-7, 2018. 4AC
¶¶ 28-30, Dkt. No. 142 at pgs. 48, 65 of 99. For
the additional dates ranges identified below for medical
malpractice against MGH, if Levy or Estilo were directly
involved in making decisions regarding Hansen's medical
treatment or refusal of treatment at MGH, these dates may be
asserted against Levy or Estilo as well.