UNITED 

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DISTRICT 

COURT

For the Northern District of California

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Attached as Exhibit A to Docket #17.

UNITED 

STATES 

DISTRICT 

COURT

For the Northern District of California

UNITED STATES DISTRICT COURT

Northern District of California

VALERIE ADAMS,

Plaintiff,

v.

KAISER PERMANENTE, et al.,

Defendants.

_____________________________________/

No. C 09-01270 JSW (MEJ)

DISCOVERY ORDER

On September 18, 2009, the parties in this action filed a joint letter detailing a discovery

dispute concerning Defendants’ request for production of Plaintiff’s medical records. (Dkt. #17.) 

Specifically, the parties dispute the time frame of medical records that must be produced, as well as

the relevancy of the requested medical records. Having reviewed the parties’ letter, the Court

ordered Plaintiff to execute the requested releases1

 for release of her medical records, and ordered

the parties to submit briefs setting forth their respective positions regarding why the documents are

discoverable. (Dkt. #23.)

The Court is now in receipt of the parties’ further briefing, (Dkt. ##24, 25), as well as

Plaintiff’s Kaiser medical records, dated September 30, 2008 through February 1, 2010, that were

submitted for in camera review. Upon review of the medical records, the Court finds that they are

relevant to her claimed emotional distress damages. The Court also finds that the relevance of the

documents outweighs any privacy right because the submitted Kaiser records relate directly to her

emotional distress claim, and they are therefore discoverable under California Evidence Code

section 996 (“There is no privilege under this article as to a communication relevant to an issue

concerning the condition of the patient if such issue has been tendered by . . . [t]he patient.”) 

Case 3:09-cv-01270-JSW Document 48 Filed 02/17/10 Page 1 of 2
UNITED 

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DISTRICT 

COURT

For the Northern District of California

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UNITED 

STATES 

DISTRICT 

COURT

For the Northern District of California

Accordingly, the Court hereby ORDERS Plaintiff to produce the Kaiser medical records, dated

September 30, 2008 through February 1, 2010, within seven calendar days from the date of this

Order.

In reviewing the parties’ joint letter, (Dkt. #17), the Court is concerned that Plaintiff has not

submitted all of her medical records. Specifically, Plaintiff suffered injuries in a November 2007 car

accident that caused her to be away from work for four months, yet she did not submit any medical

records from this time period. (Dkt. #17 at 3.) The Court also notes that, as of August 2008,

Plaintiff claims she was unable to perform her job duties due to work-related emotional distress, yet

she submitted no records leading up to this time, and no records between August and September 30,

2008. (Dkt. #17 at 3.) Accordingly, the Court hereby ORDERS as follows:

1) Within seven calendar days of this Order, Plaintiff shall file a declaration, attesting

under penalty of perjury that, with the exception of the September 30, 2008 through

February 1, 2010 Kaiser medical records already submitted, she has no other medical

records for the three-year period prior to the alleged onset of her claimed emotional

distress, and no other medical records for any period thereafter; OR

2) Within seven calendar days of this Order, Plaintiff shall submit all her medical

records for a period of three years prior to the alleged onset of her claimed emotional

distress, and any medical records for any period thereafter, with the exception of the

September 30, 2008 through February 1, 2010 Kaiser medical records already

submitted for in camera review. 

IT IS SO ORDERED.

Dated: February 17, 2010 _______________________________

Maria-Elena James 

Chief United States Magistrate Judge 

Case 3:09-cv-01270-JSW Document 48 Filed 02/17/10 Page 2 of 2