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Joint Stipulation and Order

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BILL LOCKYER

Attorney General of the State of California

JACOB A. APPELSMITH

Senior Assistant Attorney General

BARBARA J. SEIDMAN

Supervising Deputy Attorney General

SCOTT H. WYCKOFF, State Bar No. 191367

Deputy Attorney General

1300 I Street, Suite 125

P.O. Box 944255

Sacramento, CA 94244-2550

Telephone: (916) 324-5335

Fax: (916) 324-5567

Attorneys for Defendants California Department of

Developmental Services, Clifford Allenby, Deborah

Meeker, Teresa Billeci, Glen Barawed, Dan Sands,

and Tony Campo

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

KARUNA ANAND, M.D.,

Plaintiff,

v.

CLIFFORD ALLENBY, ET AL., 

Defendants.

CASE NO. CIV.S-04-1575 LKK GGH - PS

JOINT STIPULATION AND ORDER

Judge: The Honorable

Lawrence K. Karlton

PRELIMINARY STATEMENT

A. Under Rule 26 of the Federal Rules of Civil Procedure (rule 26), the parties are

required to disclose, among other things, all documents in the parties possession, custody or

control, that the disclosing party may use to support its claims or defenses, unless solely for

impeachment.

B. Some of the documents the defendants intend to rely upon are protected under the right

of privacy for third parties and the confidential client information and records protections

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Joint Stipulation and Order

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afforded developmentally disabled individuals under Welfare & Institutions Code sections 4514

and 5328 as well as the privacy protections to identifiable health care information pursuant to the

Health Insurance Portability and Accountability Act of 1996 (HIPAA). 

C. The parties enter into this Joint Stipulation for Protective Order (Joint Stipulation) in

order to protect the above privacy and confidentiality interests, to avoid unnecessary discovery

law and motion proceedings, and to produce materials as required by rule 26 while protecting

confidential and private information.

STIPULATION

1. Before producing documents under rule 26, the defendants shall redact from such

documents all client names and all client identifying information. In addition, the following

documents which defendant is producing pursuant to rule 26 are covered by this Joint

Stipulation:

a. Sierra Vista Consultation - Evaluation of Professional Practices in Providing

Behavioral Interventions, July 7, 2003, by John L. Forbes, Ph.D (Bates stamped DDS 315-335).

b. The Columbus Organization, Sierra Vista, Best Practices Guidelines, June 29-30,

2003, by Robert J. Pary, M.D (DDS 343-347).

c. Replies to questions from Sierra Vista (DDS 366-380).

d. Sierra Vista Consultation September 19, 2003 (DDS 406-26).

e. Welfare and Institutions Code section 4731 Complaint (DDS 444-450).

f. Email re Katie W. (DDS 499).

g. Letter to Norman Kramer re client treatment (DDS 510-524).

h. Emails referring to clients’ treatment (DDS 844-860).

i. Email re client treatment (DDS 893).

2. The parties agree that the documents covered under this Joint Stipulation, including the

information contained therein, and any summaries, copies or other documents derived in whole

in or in part therefrom, shall be used only for the purpose of the prosecution, defense, or

settlement of this lawsuit and for no other purpose.

3. The parties agree that the documents covered under this Joint Stipulation, including the

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information contained therein, and any summaries, copies or other documents derived in whole

in or in part therefrom, may be disclosed and made available only to the Court, to counsel for

each party to this Joint Stipulation (including and limited to paralegals, secretaries and clerical

staff employed by such counsel), and to the “qualified persons” listed below:

a. A party to the lawsuit, or an officer, director, representative, agent, employee of

said party deemed necessary by counsel to aid in the prosecution, defense, or settlement of this

lawsuit.

b. Experts or consultants retained to assist in the prosecution, defense or settlement

of this lawsuit.

c. Court reporters employed in this lawsuit.

d. A witness at any deposition or other proceeding in this lawsuit.

e. Any other person to whom the parties to this Joint Stipulation in writing agree.

4. Prior to receiving the documents covered by this Joint Stipulation, including the

information contained therein, and any summaries, copies or other documents derived in whole

in or in part therefrom, each qualified person listed above shall be provided with a copy of this

Joints Stipulation and shall agree IN WRITING to be bound by its terms.

5. If the documents covered by this Joint Stipulation, including the information contained

therein, and any summaries, copies or other documents derived in whole in or in part therefrom,

are included in any papers filed with the Court or used in any Court proceeding in this lawsuit,

such documents shall be labeled “Confidential - Subject to Court Order” and filed under seal

until further Order of the Court. In addition, any such documents shall not lose their confidential

and privileged status through such use.

6. Nothing in this Joint Stipulation nor the production of documents under its terms nor

any proceeding pursuant to it shall be deemed to have the effect of an admission or waiver by any

party to this Joint Stipulation or of altering the confidential or privileged nature of the documents

covered by the Joint Stipulation, including the information contained therein, and any summaries,

copies or other documents derived in whole in or in part therefrom, or altering any existing

obligation of any party to this Joint Stipulation.

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7. Nothing in this Joint Stipulation nor the production of documents under the terms of

this Joint Stipulation nor any proceeding pursuant to this Joint Stipulation, shall preclude any

party to this Joint Stipulation from pursuing any remedy authorized under the Federal Rules of

Civil Procedure, or by law.

8. This Joint Stipulation shall survive the final termination of this lawsuit, and the Court

shall retain jurisdiction to resolve any dispute concerning the disclosure and use of the

documents covered under the Joint Stipulation, including the information contained therein, and

any summaries, copies or other documents derived in whole in or in part therefrom.

/ / /

/ / /

/ / /

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Joint Stipulation and Order

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9. Upon termination of this lawsuit, counsel for Plaintiff and Defendants shall assemble

and return to the Office of the Attorney General the documents covered by this Joint Stipulation,

including the information contained therein, and any summaries, copies or other documents

derived in whole in or in part therefrom, OR SHALL CERTIFY THE DESTRUCTION

THEREOF.

By signatures of the undersigned, IT IS SO STIPULATED.

 Dated: November 10, 2005 BILL LOCKYER

Attorney General of the State of California

 /S/ - SCOTT H. WYCKOFF 

SCOTT H. WYCKOFF

Deputy Attorney General

Attorneys for Defendants California Department of

Developmental Services

 

Dated: November 10, 2005 Law Office of Lawrence J. King

 /S/ - LAWRENCE J. KING 

 

LAWRENCE J. KING

Attorney for Plaintiff Karuna Anand, M.D.

It is so ORDERED.

UNITED STATES DISTRICT COURT JUDGE

Dated: November 18, 2005 /s/ Gregory G. Hollows

_____________________________________

United States Magistrate Judge

anand1575.ord

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