UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVIISION 

MICHIGAN PROTECTION & 

ADVOCACY SERVICE, INC. 

 

 Plaintiff, 

 Case No. 2:09-cv-10331 

v. Honorable Gerald E. Rosen 

DETROIT MEDICAL CENTER, and 

DETROIT RECEIVING HOSPITAL AND 

UNIVERSITY HEALTH CENTER 

 Defendants. 

________________________________________________________________________ 

Michigan Protection & Advocacy Detroit Medical Center, Legal Affairs 

Service, Inc. Alethea A. Wilson (P45486) 

Chris E. Davis (P52159) Charles N. Raimi (P29746) 

29200 Vassar Blvd., Suite 200 4707 St. Antoine, Suite W514 

Livonia, MI 48152 Detroit, Michigan 48201 

Phone: (248) 473-2990 Phone: (313) 966-2237 

Email:cdavis@mpas.org Email: awilson4@dmc.org 

Attorney for Plaintiff Attorneys for Defendants 

________________________________________________________________________ 

STIPULATED AND AGREED ORDER (1) PRODUCTION OF RECORDS, 

(2) PROTECTING THE CONFIDENTIALITY OF RECORDS AND 

(3) CLOSING THIS CASE 

Plaintiff filed this lawsuit seeking injunctive relief, namely, the production by 

defendants of medical and peer review records relating to patients identified as patients 

A, B, and C. Plaintiff’s complaint alleges entitlement to such records under federal law. 

The parties have agreed to resolve this lawsuit by the entry of this stipulated order. 

 NOW, THEREFORE, upon the stipulation of the parties, IT IS HEREBY 

ORDERED AND ADJUDGED as follows: 

1. Within thirty days after entry of this order, defendants shall produce to plaintiff all 

records including medical records and peer review records (if any), listed below, 

Case 2:09-cv-10331-GER-VMM ECF No. 7, PageID.20 Filed 02/20/09 Page 1 of 5
2

relating to the individuals designated as Patients A, B, and C in the complaint. 

The records shall be delivered to plaintiff’s lawyer, Chris E. Davis. 

(a) The following records for each patient, A, B, and C. 

i. All communication with/reports from CMS 

ii. All communication with/reports from BCAL 

iii. Sentinel Event notes and report 

iv. Root Cause Analysis notes and report 

v. All notes from Security/Safety Staff 

vi. All interview notes/staff statements each incident 

vii. Any and all records involving contact with the Detroit Police 

 Department 

viii. Any and all records involving contact with Adult Protective 

Services 

ix. Any communication with accreditation regarding each incident 

x. Any changes made in policy/procedure as a result of these 

incidents 

xi. Any Plans of Correction resulting from each of these incidents 

xii. Any additional records relating to Patients A, B, & C. 

xiii. Additional records which MPAS may learn of as a result of the 

records disclosed here and may request as a follow-up, if permitted 

by law. 

 (b) The following records relating only to Patient A. 

Case 2:09-cv-10331-GER-VMM ECF No. 7, PageID.21 Filed 02/20/09 Page 2 of 5
3

i. Personnel records for RN, Marlene Daley, to the extent such 

records mention or relate to Patient A or the incident in question. 

ii. Personnel records for Recipient Rights Adviser, Benita Martinez, 

to the extent such records mention or relate to Patient A or the 

incident in question. 

iii. Personnel records for Director, Patient/Guest Relations/Recipient 

Rights Adviser, Gwendolyn Dommond-Battle, to the extent such 

records mention or relate to Patient A or the incident in question. 

iv. personnel records for security staff involved in this incident, to the 

extent such records mention or relate to Patient A or the incident in 

question. 

v. Something in writing stating video/DVD doesn’t exist and a 

reasonable effort to explain why 

 (c) The records relating to Patient B. 

i. Personnel records for Recipient Rights Adviser, Benita Martinez, 

 to the extent such records mention or relate to Patient B or the 

incident in question. 

ii. Personnel records for Director, Patient/Guest Relations/Recipient 

Rights Adviser, Gwendolyn Dommond-Battle, to the extent such 

records mention or relate to Patient B or the incident in question. 

iii. Personnel records for security staff involved in this incident, to the 

extent such records mention or relate to Patient B or the incident in 

question. 

Case 2:09-cv-10331-GER-VMM ECF No. 7, PageID.22 Filed 02/20/09 Page 3 of 5
4

iv. Copy of DVD/video 

(d) The following records relating only to Patient C. 

i. Personnel records for security staff involved in this incident, to the 

extent such records mention or relate to Patient C or the incident in 

question. 

ii. Something in writing stating video/DVD doesn’t exist and a 

reasonable effort to explain why 

iii. Any and all communication with CEMS (ambulance service), to 

the extent such records mention or relate to Patient C or the 

incident in question. 

2. The records shall be deemed strictly confidential, and shall be held in strict 

confidence by plaintiff who shall comply with the confidentiality provisions under 

federal law, including 42 U.S.C. §10806. 

3. Plaintiff shall use the records, including any information contained therein, solely 

for purposes consistent with its mission, and consistent with this Order and all 

applicable state and federal law. 

4. In accordance with 42 U.S.C. §10806, any records the defendants release shall not 

be discoverable from plaintiff by way of subpoena or otherwise. All peer review 

records shall maintain all protections under Michigan law, including 

inadmissibility in court, notwithstanding defendants’ production of the records to 

plaintiff pursuant to this Order. 

CLOSURE OF CASE

Case 2:09-cv-10331-GER-VMM ECF No. 7, PageID.23 Filed 02/20/09 Page 4 of 5
5

 This Order resolves all claims as to all parties and concludes the case. There 

shall be no award of costs or fees against or in favor of either plaintiff or defendants. 

The Court shall maintain jurisdiction to enforce this Order, and any violation may, 

after appropriate notice and hearing, be punishable as a contempt of Court. 

Dated: February 20, 2009 s/Gerald E. Rosen 

 Chief Judge, U.S. DISTRICT COURT 

The parties stipulate to entry of the above Order: 

s/ Chris E. Davis___ ____ s/ with consent of Althea A. Wilson 

Chris E. Davis (P52129) Alethea A.Wilson (P45486) 

Michigan Protection & Charles N. Raimi (P29746) 

Advocacy Service, Inc. Detroit Medical Center, Legal Affairs 

Attorney for Plaintiff Attorneys for Defendants 

29200 Vassar Blvd., Suite 200 4707 St. Antoine, Suite W514 

Livonia, Michigan 48152 Detroit, Michigan 48201 

(248) 473-2990 (313) 966-2237 

Email: cdavis@mpas.org Email: awilson4@dmc.org 

 

Case 2:09-cv-10331-GER-VMM ECF No. 7, PageID.24 Filed 02/20/09 Page 5 of 5