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Theresa J. Barta, SBN 150995
BARTA LAW
4041 Macarthur Blvd., Ste. 280
Newport Beach, CA 92660-2537
Telephone: (949) 833-3383
Facsimile: (949) 209-2530
Email: theresa@barta-law.com
Charles M. Louderback, SBN 88788
Stacey L. Pratt, SBN 124892
LOUDERBACK LAW GROUP
44 Montgomery Street, Suite 2970
San Francisco, CA 94104
Telephone: (415) 615-0200
Facsimile: (415) 795-4775
E-Mail: clouderback@louderbackgroup.com
spratt@louderbackgroup.com
Attorneys for Plaintiff
DIANA P. BLUM, M.D.
IN AND FOR THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA - UNLIMITED JURISDICTION
DIANA P. BLUM, M.D. Civil Case No.
Plaintiff, DECLARATION OF THERESA J.
BARTA IN SUPPORT OF
Vv. PLAINTIFF’S DIANA BLUM, M.D.’S
MOTION TO FILE UNDER SEAL DR.
SUTTER HEALTH, a California corporation; LIPIAN’S PSYCHIATRIC
PALO ALTO FOUNDATION MEDICAL EVALUATION REPORT THAT WAS
GROUP, INC., a California corporation; PALO
FILED AS EXHIBITS TO THE
DECLARATIONS OF THERESA
ALTO MEDICAL FOUNDATION, BARTA
California corporation; and DOES | through 20,
[CAL. RULES OF CT. 2.550 & 2.551]
Defendants.
Date:
Time:
Dept: 16
Judge: Hon. Drew Takaichi
Complaint filed: March 4, 2015
Trial Date: January 8, 2018
00022903 v3
DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION
TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS
EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015-1- -277582
I, THERESA J. BARTA, declare:
I am an attorney duly licensed to practice before all the courts of the State of
California and am the sole member of Barta Law. Along with co counsel from the Louderback
Law Group, who has recently become associated as counsel, I am the attorney of record for
Plaintiff Diana Blum, M.D. (‘Plaintiff’) in this action. I served as trial counsel in this action.
The matters stated herein are of my own personal knowledge and if called to testify to these
matters, I could and would competently testify thereto.
n August 7, 2015 Plaintiff filed her First Amended Complaint against
Defendants Sutter Health, Palo Alto Medical Foundation (“PAMF”) and Palo Alto Foundation
Medical Group, Inc. (“PAFMG”) (collectively as “Defendants”).
On October 1, 2015, the Court signed the Parties’ Stipulated Protective Order.
Attached hereto as Exhibit A is a true and correct copy of the Parties’ Stipulated Protective
Order.
On November 26, 2016, Judge Maureen Folan granted Defendants’ Joint Motion
to Compel Independent Psychiatric Medical Examination of Plaintiff, which included an order
that “any report or other written document prepared by Dr. Lipian of the psychiatric examination
of Plaintiff shall be designated ‘CONFIDENTIAL’ and protected pursuant to the parties”
Stipulated Protective Order.” Attached hereto as Exhibit B is a true and correct copy of that
Court‘s Order.
On May 18, 2017, attorneys for defendant Palo Alto Foundation Medical Group
produced a copy of Dr. Lipian’s written report that was NOT stamped or designated
“Confidential.” I immediately notified defendants’ attorney that Dr. Lipian’s Report was not
properly designated “Confidential” and I also further designated the Report “Confidential
Attorneys Eyes Only”, because the Report was defamatory and in violation of the Court’s Order.
Less than two weeks later (on May 30, 2017), defense attorneys representing both
Sutter Health and PAMF, and PAFMG, again oduced Dr. Lipian’s Report without designating
it either “Confidential” or “Confidential Attorneys Eyes Only”. Counsel Maiko Nakarai
00022903 v3
DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION
TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS
EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582
Kanivas (of Littler Mendelson) attached the Report to Sutter Health and PAMF’s Expert Witness
Disclosure, and Marcie Fitzsimmons of Gordon Rees attached Dr. Lipian’s Report to PAFMG’s
Expert Witness Disclosure. Neither attorney designated the Report “Confidential” in violation of
the Court’s Order Compelling IME.
I again brought this to the attention of defense counsel, because I was concerned
about the fact that several copies of Dr. Lipian’s report were now circulating without the
“Confidential” designation.
In February 2018, Plaintiff retained, and associated in co counsel, the Louderback
Law Group. The Louderback Group prepared Plaintiff's Opposition to Defendant Palo Alto
Foundation Medical Group’s Motion for Attorneys’ Fees and Costs Post CCP §998 Offer to
Compromise (the “Opposition”) and Plaintiff’s Motion to Strike and Tax PAFMG’s
Memorandum of Costs (the “Motion”
In support of th Opposition and Motion, I prepared a declaration which in final
form (with all attached exhibits) was 583 pages long and 377 pages long, respectively. Although
I reviewed, and signed, the declaration themselves, I did not see the final version of my
declaration with the exhibits attached prior to them being filed. Although I knew that Defendant
Palo Alto Foundation Medical Group’s Expert Witness Disclosure was being attached as an
exhibit to my declaration , I did not realize that all of its exhibits were attached (i.e., Lipian’s
Report as an exhibit to the defendants’ Expert Witness Disclosures). Thus, I was not aware that
Dr. Lipian’s Report (which was an exhibit to the defendant’s Expert Witness Disclosure and NOT
marked “Confidential”) was attached to my declaration until after they were filed. I did not see
that Dr. Lipian’s report was attached until on or about April 29, 2018.
On April 3, 2018, the Motion was filed on behalf of Plaintiff. On April 11, 2018
the Opposition was filed on behalf of Plaintiff. Both the Motion and Opposition included my
supporting declarations.
00022903 v3
DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION:
TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS
EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582
On or about April 29, 2018, became aware that Dr. Lipian’s Report was attached
to supporting declarations.
On or about May 2, 2018, Plaintiff and PAFMG entered into a stipulation whereby
the parties agreed that Dr. Lipian’s psychiatric evaluation report should be filed under seal.
On or about May 3, 2018, Plaintiff appeared ex parte to present an Application to
Seal Dr. Lipian’s Psychiatric valuation Report that Was Filed as Exhibits to the Declarations of
Theresa Barta (the “Ex Parte Application”). I am informed that the Court denied the Ex Parte
Application without prejudice and ordered the following: “[C]ounsel will prepare a stip and order
to replace these exhibits with conditionally sealed exhibits subject to a motion to seal.” (Barta
Decl., )
Plaintiff and PAFMG prepared and submitted a Stipulation and [Proposed] Order
Replacing Erroneously Filed Exhibits (Dr. Lipian’s Psychiatric Evaluation Report) with
Conditionally Sealed Exhibits (“Stipulation and Order”).
The Court signed the Stipulation and Order on May 14, 2018. On May 15, 2018,
Plaintiff filed a Notice of Entry of Order RE: Replacing Erroneously Filed Exhibits (Dr. Lipian’s
Psychiatric Evaluation Report) with Conditionally Filed Exhibits. Attached hereto as Exhibit C
is a true and correct copy of Plaintiffs Notice of Entry of Order RE: Replacing Erroneously Filed
Exhibits (Dr. Lipian’s Psychiatric Evaluation Report) with Conditionally Filed Exhibits
On May 15, 2018, Plaintiff filed the following exhibits, which contain Dr. Lipian’s psychiatric
evaluation report, conditionally under seal: (1) Exhibits K and Exhibit L of the Declaration of
Theresa J. Barta in Support of Plaintiff's Motion To Strike And Tax Defendant Palo Alto
Foundation Medical Group, Inc.’s Memorandum Of Costs filed on April 3, 2018; and (2) Exhibit
I and Exhibit J of the Declaration of Theresa J. Barta in support of Plaintiff's Opposition to
Defendant Palo Alto Foundation Medical Group, Inc.’s Motion for Attorneys’ Fees and Costs
Post CCP § 998 Offer to Compromise filed April 11, 2018.
00022903 v3
DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION
TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS
EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582
Executed this day of May, 2018 in Newport Beach, California
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
HN
Theresa J Bartf
Pee
00022903 v3
DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION
TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS
EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582
EXHIBIT A
FP ‘NOg,
THERESAJ. BARTA (SBN: 150995)
LAW OFFICES OF THERESA BARTA
§160 Campus Drive
ocr
i 2015
?
Nev Beach, California 92660
Tel. (949) 833-3383
Fax (949) 209-2530
et oe
YD 14
Email: law!
Attomey for Plaintiff, Diana P, Blum, MD.
MARCIB ISOM FITZSIMMONS (SBN: 226906)
CHRISTIN A. LAWLER (SBN: 272607) A Pltheso9
GORDON &
275 Battery Street, Suite 2000
sco
San FranciCA ,
94111
Telephone: (415) 986-5900
Facsimile: (415) 986-8054
10 glawlen@gordonrees.com
it 3 for Defendant
PALO ALTO FOUNDATIONMEDICAL GROUP, INC. °
ax 12
LINDBERGH PORTER (SBN: 10009
AS (SBN
33 13 MAIKO NA (-]
MENDELSON, P.C.
271710)
gy 14 650 Calif
Si
ornia
i s c o ,
Street, 20th Floor
CA 94108
i
15 : 415.433.1940
Tel
16 Fax No.: A15.398.8490
mnakarai@litder.com
17
Attomeys for Defen ants
CAL FOUNDATION
18 SUTTER HEALTH anid PALO ALTO MEDI
19 OF SANTA CLARA
SUPERIOR COURT OF CALIFORNIA - COUNTY
20
) CASE NO. 118CV277582
21 DIANA P, BLUM, M_D.,
> VE
Plaintiff, ) STIPULATED PROTECTI
VS.
24 SUTTER ion;
PAL O ALT O FOUN ! SOT ION epi c AL
GROUP, INC., a California
PALO ALTO MEI IDICAL Ft DOES ATION, 1 thro ugh
a
26 California corparati ion; and
20,
27
Defendants.
28
al
STIPULATED PROTECTIVE ORDER
Defendants PALO
‘The parties to this action, Plaintiff DIANA P. BLUM, MD. and
HEALTH, and PALO ALTO
ALTO FOUNDATION MEDICAL GROUP, INC., SUTTER
parties,” by and through their
MEDICAL FOUNDATION, collectively referred to as “the
s:
respective counsel, hexeby agtee and stipulate as follow
On nfhider artis vis teri: in Discovery
l Information” (by
1 Any party or nén-party may designate as “Confidentia
document or résponse to
stamping the relev. ant page or as otherwise set forth herein) any
good faith to contain information
discovery which that party or non-party considers in
information, personal information,
involving trade secrets, confidential business or financial
ation, subject to Rules 8.45, 8.46,
10 private mx edical information, and/or protected health inform
California Rules of Court, or under other
u 8,47, 8.490, 2.550, 2.551, 2.580, and 2,585 of the
nse consists of more than one page,
gz 12 pro’visions of California law. Where « document or respo
mation appears shall be so designated,
13 the first page and each page on which confidential infor
n disclosed during a d ition or
14 2, A party or non-party may designate informatio
Bs 15 in resp on
to writt se
en disc overy 48 “confidential” by so indicating in said
responses ar on the
Ep
ration of a separate transcript of such material,
16 record at the deposition and requesting the prepa
wa
17 in addition, a party or non-party may designate
in writing, within twenty (20) days after receipt
cript for which the designation is proposed, that
18 of said responses or of the deposition trans
r specific responses be trea as te dential
“Confid.
19 specific pages of the transcript and/o
t to such propos:al, in writ or on in g . Upon
the record
20 Jnformation.” Any other partymay ‘objec
dures described in paragraph 8 below. After
21 such objection, the parties shall follow the proce
dure set forth in this paragraph, the designated
22 any designation made according to the proce
ding to the desiguation until the matter is
documents or information shell be treated accor
in paragraph 8 below, and counsel for all parties
24 resolved accordintog the procedures described
tmaterial in
ously unmarked copies of the designated
25 stull be responsible for making all previ
designation.
26 their possession or contro) with the specified
27
-2-
STIPULATED PROTECTIVE ORDER
3 All Confidential Information produced or exchanged in the course of this case
party ot parties to
(not including information that is publicly available) shall be used by the
case.
whom the information is produoed solely for the purpose of this
4 Except with the prior written consent of the other parties, or upon prior order of
Information shall not be
this Court obtained upon notice to all other parties, Confidential
se
person
fo anylo
disc than:
otherd
@ counsel for the respective parties to this litigation, including, in-house
course! and co-counsel retained for this litigation,
() etnployees of such counsel,
16 © individual parties or officers or employees of a party, to the extent
e of this litigation,
ll deemed necessary by counsel for the prosecttion or defens
e of
12 (a) consultants or expert witnesses retained for the prosecution or defens
3x
oS
13 this litigation, provided that cach person shall execut
e a copy of the Certification annexed to
party so disclosing the Confidential
33 14 this Order (which shall be retained by counsel to the
% 8
2G g information and made available for inspection by
opposing counsel during the pendency or
15
shown and upon order of the Court)
16 after the termination of the action only upon good cause
n, and provided that if the party
7 before being shown or given any Confidential Informatio
18 chooses a consultant or expert employed by the destndant
or one of its competitors (as listed on
or designating non-party, before
19 Appendix A), the party shall notify the opposing party,
an
20 to that individual and shall give the opposing party
disclosing any Confidential Information
nting or limiting such disclosure;
21 opportunity to move fora protective order preve
© any authors orrecipients of the Confidential Information;
@® the Court, Court personnel, and court reporters; and
A witness
24 @) witnesses (other than persons described in paragraph 4(e)).
25 shall sign the Certification before being shown
a confidential document, Confidential
who will not siga the Certification only in 4
Information may be disclosed to a witness
Confidential Informetion is represented ot has
27 deposition in which the party who designated the
ced by the party may be used At the
28 been given notice that Confidential Information protu
3
“STIFULATED PROTECTIVE ORDER
involving the Confideatiel
request of any patty, the portion of the deposition transcript
paragraph 2 above. Witnesses
Information shall be designated “Confidential” .pursuant to
copies.
shown Confidential Information shall not be allowed to retain
discuss such
5, Any persons receiving Confidential Inforination shall not reveal or
such information, except as set
information to or with any person who is not entitled to receive
forth herein,
as to which a party submits
6. In connection with discovery proceedings
copies containing Confidential
nfdential Information, all documents and chamber
the Court in sealed eavelopes
Information which are subtnitted to the Court shall be filed with
10 or other appropriate sealed containers. On the outside of the envelopes, a copy ofthe first page
il of the document shall be attached. If Confidential Information is included in the first page
deleted from the outside copy. The word
en 12 attached to the outside of the envelopes, it may be
an ope and a statement substantially in the
£F
ga 13 “CONFIDENTIAL’ shall be stamped on the envel
4 following form shall also be printe d envelope:
on the
Court, contains Confidential
15 «his envelope is sealed pursuant to Order of the
Be
Eg nts revealed, except by Or ofde r or
the Court
6a 16 Ynformation and is not to be opened or the cotite
17 agreement by the parties.
e “Confidential Information” documents or discovery
18 7. A party niay designatas
ding written notice to afl parties of the relevant
19 materials produced by a non-party by provi
after receiving such
20 document mmbers or other identification within thirty (30) days
or non-party may voluntarily disclose to others
21 documents or discovery materials. Any party
by that party or uon-party es Confidential
without restriction any information designated
23 Information, alth ou
a doou gh
ment may lose its confidential status if it is made public.
led to confidential treatment,
24 8 Ifa patty comtends thet any material is not entit
any time give written notice-to the party or
non-party who designated the
such party may at
e (25) days
material, The paor rt party who designated the material shall have twenty-fiv
non-y
from the receipt of such written notie to apply
to the Court for am order designating the
27
28
STPULATED PROTECTIVE ORDER
material as confidential. The party or non-party seeking the order has the burden of
establishing thatthe document or material is eniled to protection,
9. Notwithstending any challenge to the designation of material as Confidential
to the provisions hereof
all documents shall be treated as such and shall be subject
Information,
unless and until one of the following occurs
@) the party or not-party who claims thet the material is Confidential
Information withdraws such designation in writing; or
the party or not-party who claims that the material is Confidential
b)
the material confidential within
Information fails to apply to the Court for an order designating
n challenge to such designation; or
10 the time period specified above after receipt of a writte
1k ©) the Court rules the material is not Confidential Information.
use of Confidential
10. All provisions of this Order restricting the communication or
3m 12
sion of the action, uiless otherwise
Ree 13 Information shall continue to be binding after the conclu
a painrt ssion of Confidential
possey
14 agteed or ordered. Upon conclusion of the litigation,
ngs, correspondence, and deposition
Be 15 Information, other than that which is contained in pleadi
Ez no later than thirty (30) days after conclusion
oR 16 transcripts, shall either (e) retam such documents
arty who provided such information, or (b)
7 of this action to counsel for the party or non-p
upon consent of the party who provided the
18 destroy such documents within the tine period
(30) days that the documents have been
information and certify in writing within thirty
20 destroyed.
able privilege or work
2i IL Nothing herein shall be deemed to waive any applic
aparty to seek relief for an inadvertent disclosure
22 product protection, or to affect the ability of
ct protection. Any witness or otber person,
of material protected by privilege or work produ
may be informed of and may obtain the
24 firm or entity from which discovery is sought
s’ respective counsel or by oral advice at
protection of this Onder by written advice to the partie
eeding.
26 the time of eny deposition or similar proc
27
28
5
STIPULATED PROTECTIVE ORDER
‘The following provisions govern the freatrient of Confidential Information used at trial
gs.
or submitted as a basis for adjudication of mutters other than discovery mittions orproceedin
of the
‘These provisions are subject to Rules 8.46, 8.490, 2.550,,2.55 2.580, and 2.585
California Rules of Court and must be conistrued in light of those Rules.
as
12, A party that files with the Court, or seeks to use at trial, materials designated
gach information sealed,
Confidential Information, and who setks to have the record containing
2.55
shall submitto the Court a motion to seal, pursuant to California Rules of Court
13 A party that files with the Court, or seeks to use at trial, materials designated as
seck to have the record
Confidential Information by anyone other than itself, and who does not
ngrequirements:
10 containing such information sealed, shall comply with either of the followi
the
ML (a) “At least ten (10) business days prior to the filing or use of
to all parties, and to any non
a= 12 Confidential Information, the submitting patty shall give notice
pursuant to this Order, of the
a2 13 patty that designated the materials as Confidential Information
ta< Information, includinig specific
ee
14 submitting party’s intention to file or use the Confidential
or non-party may then file a
15 identification of the Confidential Information. Any affected party
or
ae 16 motion to seal, pursuant to California Rules of Court 2.551;
we tion, the
17 ) [At the time of fling or desiring to use the Confidential Informa
lodging-under-seal provisiott of
18 submitting party shall submit the materials pursuant to the
or non-party may then file a motion to
19 California Rule of Court 2.551(d). Any affected party
ten (10) business days after such
20 seal, pursuant to the California Rule of Court 2.551(b), within
2.551(d) shall bear a legend
al lodging. Documents lodged pursuant to California Rule of Comt
of ten (10) business days,
stating that such materials shall be unsealed upon the expiration
551(b) or Court Order.
23 absent the filing of a motion to seal pursuant to Rule
to Section 12 or
24 14, In comnection with a request to have materials sealed pursuant
Rule of Court 2.551(bM1)
25 Section 13, the moving party’s declaration pursuant to California
ular Confidential Information! and
26 shall comiain sufficient particularity with respect to the partic
the findings required by California Rule of
27 the basis for sealing to enable the Court to make
item of Confidential Information,
28 Court 2.550(d) without being required to review each
6
STIPULATED PROTECTIVE ORDER,
LAW OFFICES OF THERESABAR TA
By:
THERESA BARTA
for Plaintiff
nussitt 4
DIANA P. BLUM, M.D.
Dawa: Septenoe’ 80, 2602 GORDON
By:
MARCIE ISOM FITZSIMMONS
CHRISTIN LAWLER
10 PALO KETO FOUNDATION
11 MEDICAL GROUP, INC.
ar
12
Ses
= F 13 Dated: (ephernleer 30, aor LITTLER MENDELSON, P.C.
ast
20
14
beee 15
By;
° «
LIND!
16 MAIK( Oo RO RARALRANIVAS
wo
W7 Attorneys for Defendants
HEALTH and PALO ALTO
18 MEDICAL FOUNDATION
19
20
21
Judge Ma ureen A. Folan
a2 Dated: _[O - , 2015 "asa is Cy Dip om Tee
23
24
25
27
Case 2 (GW ATISS™
28
-J- Baw us. Sager Bealt®
STPULATED PROTECTIVE ORDER
CERTIFICATION
d to me
Theteby certify my understanding that Confidential Information is being provide
y Agrecment and Onder
pursuant to the terms and restrictions of the Proposed Confidentialit
et
dated October , 2015, in Diana P, Blum v, Palo Alto Foundation Medical Group, Ine.,
al, Santa Clara County Superior Court Case No. siscvaTTsed. have been given a copy of
that Order
and read it.
I agree to be bound by the Order. I will not reveal the Confidential Information to
anyone, except as allowed by the Order. I will maintain all such Confidential Information -
om ~— in a secure matter to prevent
including copies, notes, or other transctiptions made therefr
10 conclusion of this action, I
unauthorized access to it, No later than thirty (30) days after the
i or other transcriptionsmade
will return the Confidential Information— including copies, notes
Information. I hereby
therefrom — fo the counsel who provided me with te Confidential
ax 12
Ag 13 Court, County of Santa Clara, for the
aeo
ne consent to the jurisdiction of the Celifornia Superior
14
purpose of enforcing the Corifidentiality Order.
15 and correct and that this
Bre 1 declare under penelty of perjury that the foregoing is true
gé 16
certif ica
is execut this
ionte day of, at
17
18 By:
19 Address;
20
21 Phone
23
24
25
26
27
8
tosgperes2nseaiy.)
-8-
STPULATED PROTECTIVE ORDER
EXHIBIT B
SUPERIOR COURT OF canon | Ce
COUNTY OF SANTA CLARA vee I f
DAVID
DH.H, Y
by. Super a eas ABAKI
‘of Banta Clara
DEPUTY
DIANA P. BLUM, M.D. CASE NO. 115CV277582 dip
Bs¢
‘D] ORDER GRANTING
Plaintiff, DEFENDANTS’ JOINT MOTION TO
COMPEL INDEPENDENT
PSYCHIATRIC MEDICAL
VS. EXAMINATION OF PLAINTIFF
SUTTER HEALTH, a California corporation;
PALO ALTO FOUNDATION MEDICAL
10 GROUP, INC., a California corporation, PALO
ALTO MEDICAL FOUNDATION,a ) Date: November 22, 2016
California corporation; and DOES 1 through 20,
5)
11 Time: 9:00 a.m.
De 8
12 Defendants. Judge: Hon. Maureen A. Folan
13 eee
14 Defendants’ SUTTER HEALTH, PALO ALTO FOUNDATION MEDICAL GROUP,
to
15 INC., and PALO ALTO MEDICAL FOUNDATION (collectively Defendants) Motion
y for
16 Compel Plaintiff DIANA BLUM’s Independent Psychiatric Examination came on regularl
9:00 a.m. Hieu
17 hearing in Department 8 of the above-entitled court on November 22, 2016 at
of Defendant PALO
18 Tran Williams of Gordon Rees Scully Mansukhani LLP appeared on behalf
d on behalf of Plaintiff
19 ALTO FOUNDATION MEDICAL GROUP, INC. Theresa Barta appeare
appeared on behalf of
20 DIANA BLUM, M.D. Maiko Nakarai-Kanivas of Littler Mendelson PC
.
2i Defendants SUTTER HEALTH and PALO ALTO MEDICAL FOUNDATION
and in
22 The Court, having reviewed and considered the papers filed in support of
counsel, and good cause
23 opposition to Defendants’ Motion, and considering the oral argument of
24 appearing therefor,
25 IT IS HEREBY ORDERED:
D.
26 Defendants’ Motion to Compel Independent Psychiatric Examination is GRANTE
27 Ml
28 i
NDENT
[PROPOSED] ORD! ER GRANTING DEFENDANTS’ JOINT MOTION TO COMPEL INDEPE
PSYCHIATRIC MEDICAL EXAMINATION OF PLAINTIFF
Plaintiff Diana P. Blum, M.D. is ordered to undergo a psychiatric examination conducted | ,
by Dr. Mark Lipian. The parties are ordered to meet and confer regarding a mutually agreeable
date, time, and location for the examination,
Dr, Lipian’s exam is limited to determining the nature, extent, and cause ofplaintif’s
alleged emotional distress, if any. During the examination, Dr. Lipian shall not be allowed to
inquire into Dr. Blum’s family’s medical and/or psychiatric history.
Because good cause exists and Dr. Lipian has signed the affidavit attesting that he will
comply with the parties’ Stipulated Protective Order, Dr. Lipian may have access toplaintiff's
medical and psychotherapy records from 2009 (when plaintiff's employment began) through the
10 present, None of Dr. Lipian’s staff will review any of plaintiff's medical and psychotherapy
il records. The parties agree that al! medical and psychotherapy records reviewed by Dr. Lipian,
12 well as any report or other written document prepared by Dr. Lipian of the psychiatric
13 exatnination of Plaintiff, shall be designated as “CONFIDENTIAL.” and protected pursuant to
14 the parties’ Stipulated Protective Order.
15 No attomeys or other third parties are to be present during the examination. Dr. Lipian
16 and/or plaintiff may make an audio-recording of the examination. No physically painful tests or
17 invasive procedures will be administered.
18
tenes ne
19 ITISSO
20
21
NOV 28 2016 Judge Maureen A. Folan
Dated;
Judge of the Superior Court
22
23
24
25
26
27
8
Tosasapsosas6dv.t
[PROPOSED] ORDER GRANTING DEFENDANTS’ JOINT MOTION TO COMPEL INDEPENDENT
PSYCHIATRIC MEDICAL EXAMINATION OF PLAINTIFF
EXHIBIT C
Theresa J. Barta, SBN 150995
BARTA LAW
4041 Macarthur Blvd., Ste. 280
Newport Beach, CA 92660-2537
Telephone: (949) 833-3383
Facsimile: (949) 209-2530
Email: theresa@barta-law.com
Charles M. Louderback, SBN 88788
Stacey L. Pratt, SBN 124892
LOUDERBACK LAW GROUP
44 Montgomery Street, Suite 2970
San Francisco, CA 94104
Telephone: (415) 615-0200
Facsimile: (415) 795-4775
E-Mail: clouderback@louderbackgroup.com
spratt@louderbackgroup.com
10 Attorneys for Plaintiff
DIANA P. BLUM, M.D.
il
IN AND FOR THE STATE OF CALIFORNIA
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13 COUNTY OF SANTA CLARA - UNLIMITED JURISDICTION
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DIANA P. BLUM, M_D., Civil Case No. 2015-1-CV-277582
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Plaintiff,
16 NOTICE OF ENTRY OF ORDER RE:
Vv. REPLACING ERRONEOUSLY FILE
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Preview
Theresa J. Barta, SBN 150995 BARTA LAW 4041 Macarthur Blvd., Ste. 280 Newport Beach, CA 92660-2537 Telephone: (949) 833-3383 Facsimile: (949) 209-2530 Email: theresa@barta-law.com Charles M. Louderback, SBN 88788 Stacey L. Pratt, SBN 124892 LOUDERBACK LAW GROUP 44 Montgomery Street, Suite 2970 San Francisco, CA 94104 Telephone: (415) 615-0200 Facsimile: (415) 795-4775 E-Mail: clouderback@louderbackgroup.com spratt@louderbackgroup.com Attorneys for Plaintiff DIANA P. BLUM, M.D. IN AND FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA - UNLIMITED JURISDICTION DIANA P. BLUM, M.D. Civil Case No. Plaintiff, DECLARATION OF THERESA J. BARTA IN SUPPORT OF Vv. PLAINTIFF’S DIANA BLUM, M.D.’S MOTION TO FILE UNDER SEAL DR. SUTTER HEALTH, a California corporation; LIPIAN’S PSYCHIATRIC PALO ALTO FOUNDATION MEDICAL EVALUATION REPORT THAT WAS GROUP, INC., a California corporation; PALO FILED AS EXHIBITS TO THE DECLARATIONS OF THERESA ALTO MEDICAL FOUNDATION, BARTA California corporation; and DOES | through 20, [CAL. RULES OF CT. 2.550 & 2.551] Defendants. Date: Time: Dept: 16 Judge: Hon. Drew Takaichi Complaint filed: March 4, 2015 Trial Date: January 8, 2018 00022903 v3 DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015-1- -277582 I, THERESA J. BARTA, declare: I am an attorney duly licensed to practice before all the courts of the State of California and am the sole member of Barta Law. Along with co counsel from the Louderback Law Group, who has recently become associated as counsel, I am the attorney of record for Plaintiff Diana Blum, M.D. (‘Plaintiff’) in this action. I served as trial counsel in this action. The matters stated herein are of my own personal knowledge and if called to testify to these matters, I could and would competently testify thereto. n August 7, 2015 Plaintiff filed her First Amended Complaint against Defendants Sutter Health, Palo Alto Medical Foundation (“PAMF”) and Palo Alto Foundation Medical Group, Inc. (“PAFMG”) (collectively as “Defendants”). On October 1, 2015, the Court signed the Parties’ Stipulated Protective Order. Attached hereto as Exhibit A is a true and correct copy of the Parties’ Stipulated Protective Order. On November 26, 2016, Judge Maureen Folan granted Defendants’ Joint Motion to Compel Independent Psychiatric Medical Examination of Plaintiff, which included an order that “any report or other written document prepared by Dr. Lipian of the psychiatric examination of Plaintiff shall be designated ‘CONFIDENTIAL’ and protected pursuant to the parties” Stipulated Protective Order.” Attached hereto as Exhibit B is a true and correct copy of that Court‘s Order. On May 18, 2017, attorneys for defendant Palo Alto Foundation Medical Group produced a copy of Dr. Lipian’s written report that was NOT stamped or designated “Confidential.” I immediately notified defendants’ attorney that Dr. Lipian’s Report was not properly designated “Confidential” and I also further designated the Report “Confidential Attorneys Eyes Only”, because the Report was defamatory and in violation of the Court’s Order. Less than two weeks later (on May 30, 2017), defense attorneys representing both Sutter Health and PAMF, and PAFMG, again oduced Dr. Lipian’s Report without designating it either “Confidential” or “Confidential Attorneys Eyes Only”. Counsel Maiko Nakarai 00022903 v3 DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582 Kanivas (of Littler Mendelson) attached the Report to Sutter Health and PAMF’s Expert Witness Disclosure, and Marcie Fitzsimmons of Gordon Rees attached Dr. Lipian’s Report to PAFMG’s Expert Witness Disclosure. Neither attorney designated the Report “Confidential” in violation of the Court’s Order Compelling IME. I again brought this to the attention of defense counsel, because I was concerned about the fact that several copies of Dr. Lipian’s report were now circulating without the “Confidential” designation. In February 2018, Plaintiff retained, and associated in co counsel, the Louderback Law Group. The Louderback Group prepared Plaintiff's Opposition to Defendant Palo Alto Foundation Medical Group’s Motion for Attorneys’ Fees and Costs Post CCP §998 Offer to Compromise (the “Opposition”) and Plaintiff’s Motion to Strike and Tax PAFMG’s Memorandum of Costs (the “Motion” In support of th Opposition and Motion, I prepared a declaration which in final form (with all attached exhibits) was 583 pages long and 377 pages long, respectively. Although I reviewed, and signed, the declaration themselves, I did not see the final version of my declaration with the exhibits attached prior to them being filed. Although I knew that Defendant Palo Alto Foundation Medical Group’s Expert Witness Disclosure was being attached as an exhibit to my declaration , I did not realize that all of its exhibits were attached (i.e., Lipian’s Report as an exhibit to the defendants’ Expert Witness Disclosures). Thus, I was not aware that Dr. Lipian’s Report (which was an exhibit to the defendant’s Expert Witness Disclosure and NOT marked “Confidential”) was attached to my declaration until after they were filed. I did not see that Dr. Lipian’s report was attached until on or about April 29, 2018. On April 3, 2018, the Motion was filed on behalf of Plaintiff. On April 11, 2018 the Opposition was filed on behalf of Plaintiff. Both the Motion and Opposition included my supporting declarations. 00022903 v3 DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION: TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582 On or about April 29, 2018, became aware that Dr. Lipian’s Report was attached to supporting declarations. On or about May 2, 2018, Plaintiff and PAFMG entered into a stipulation whereby the parties agreed that Dr. Lipian’s psychiatric evaluation report should be filed under seal. On or about May 3, 2018, Plaintiff appeared ex parte to present an Application to Seal Dr. Lipian’s Psychiatric valuation Report that Was Filed as Exhibits to the Declarations of Theresa Barta (the “Ex Parte Application”). I am informed that the Court denied the Ex Parte Application without prejudice and ordered the following: “[C]ounsel will prepare a stip and order to replace these exhibits with conditionally sealed exhibits subject to a motion to seal.” (Barta Decl., ) Plaintiff and PAFMG prepared and submitted a Stipulation and [Proposed] Order Replacing Erroneously Filed Exhibits (Dr. Lipian’s Psychiatric Evaluation Report) with Conditionally Sealed Exhibits (“Stipulation and Order”). The Court signed the Stipulation and Order on May 14, 2018. On May 15, 2018, Plaintiff filed a Notice of Entry of Order RE: Replacing Erroneously Filed Exhibits (Dr. Lipian’s Psychiatric Evaluation Report) with Conditionally Filed Exhibits. Attached hereto as Exhibit C is a true and correct copy of Plaintiffs Notice of Entry of Order RE: Replacing Erroneously Filed Exhibits (Dr. Lipian’s Psychiatric Evaluation Report) with Conditionally Filed Exhibits On May 15, 2018, Plaintiff filed the following exhibits, which contain Dr. Lipian’s psychiatric evaluation report, conditionally under seal: (1) Exhibits K and Exhibit L of the Declaration of Theresa J. Barta in Support of Plaintiff's Motion To Strike And Tax Defendant Palo Alto Foundation Medical Group, Inc.’s Memorandum Of Costs filed on April 3, 2018; and (2) Exhibit I and Exhibit J of the Declaration of Theresa J. Barta in support of Plaintiff's Opposition to Defendant Palo Alto Foundation Medical Group, Inc.’s Motion for Attorneys’ Fees and Costs Post CCP § 998 Offer to Compromise filed April 11, 2018. 00022903 v3 DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582 Executed this day of May, 2018 in Newport Beach, California I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. HN Theresa J Bartf Pee 00022903 v3 DECLARATION OF THERESA J. BARTA IN SUPPORT OF PLAINTIFF DIANA BLUM, M.D. MOTION TO FILE UNDER SEAL DR. LIPIAN’S PSYCHIATRIC EVALUATION REPORT THAT WAS FILED AS EXHIBITS TO THE DECLARATIONS OF THERESA BARTA Case No. 2015 277582 EXHIBIT A FP ‘NOg, THERESAJ. BARTA (SBN: 150995) LAW OFFICES OF THERESA BARTA §160 Campus Drive ocr i 2015 ? Nev Beach, California 92660 Tel. (949) 833-3383 Fax (949) 209-2530 et oe YD 14 Email: law! Attomey for Plaintiff, Diana P, Blum, MD. MARCIB ISOM FITZSIMMONS (SBN: 226906) CHRISTIN A. LAWLER (SBN: 272607) A Pltheso9 GORDON & 275 Battery Street, Suite 2000 sco San FranciCA , 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 10 glawlen@gordonrees.com it 3 for Defendant PALO ALTO FOUNDATIONMEDICAL GROUP, INC. ° ax 12 LINDBERGH PORTER (SBN: 10009 AS (SBN 33 13 MAIKO NA (-] MENDELSON, P.C. 271710) gy 14 650 Calif Si ornia i s c o , Street, 20th Floor CA 94108 i 15 : 415.433.1940 Tel 16 Fax No.: A15.398.8490 mnakarai@litder.com 17 Attomeys for Defen ants CAL FOUNDATION 18 SUTTER HEALTH anid PALO ALTO MEDI 19 OF SANTA CLARA SUPERIOR COURT OF CALIFORNIA - COUNTY 20 ) CASE NO. 118CV277582 21 DIANA P, BLUM, M_D., > VE Plaintiff, ) STIPULATED PROTECTI VS. 24 SUTTER ion; PAL O ALT O FOUN ! SOT ION epi c AL GROUP, INC., a California PALO ALTO MEI IDICAL Ft DOES ATION, 1 thro ugh a 26 California corparati ion; and 20, 27 Defendants. 28 al STIPULATED PROTECTIVE ORDER Defendants PALO ‘The parties to this action, Plaintiff DIANA P. BLUM, MD. and HEALTH, and PALO ALTO ALTO FOUNDATION MEDICAL GROUP, INC., SUTTER parties,” by and through their MEDICAL FOUNDATION, collectively referred to as “the s: respective counsel, hexeby agtee and stipulate as follow On nfhider artis vis teri: in Discovery l Information” (by 1 Any party or nén-party may designate as “Confidentia document or résponse to stamping the relev. ant page or as otherwise set forth herein) any good faith to contain information discovery which that party or non-party considers in information, personal information, involving trade secrets, confidential business or financial ation, subject to Rules 8.45, 8.46, 10 private mx edical information, and/or protected health inform California Rules of Court, or under other u 8,47, 8.490, 2.550, 2.551, 2.580, and 2,585 of the nse consists of more than one page, gz 12 pro’visions of California law. Where « document or respo mation appears shall be so designated, 13 the first page and each page on which confidential infor n disclosed during a d ition or 14 2, A party or non-party may designate informatio Bs 15 in resp on to writt se en disc overy 48 “confidential” by so indicating in said responses ar on the Ep ration of a separate transcript of such material, 16 record at the deposition and requesting the prepa wa 17 in addition, a party or non-party may designate in writing, within twenty (20) days after receipt cript for which the designation is proposed, that 18 of said responses or of the deposition trans r specific responses be trea as te dential “Confid. 19 specific pages of the transcript and/o t to such propos:al, in writ or on in g . Upon the record 20 Jnformation.” Any other partymay ‘objec dures described in paragraph 8 below. After 21 such objection, the parties shall follow the proce dure set forth in this paragraph, the designated 22 any designation made according to the proce ding to the desiguation until the matter is documents or information shell be treated accor in paragraph 8 below, and counsel for all parties 24 resolved accordintog the procedures described tmaterial in ously unmarked copies of the designated 25 stull be responsible for making all previ designation. 26 their possession or contro) with the specified 27 -2- STIPULATED PROTECTIVE ORDER 3 All Confidential Information produced or exchanged in the course of this case party ot parties to (not including information that is publicly available) shall be used by the case. whom the information is produoed solely for the purpose of this 4 Except with the prior written consent of the other parties, or upon prior order of Information shall not be this Court obtained upon notice to all other parties, Confidential se person fo anylo disc than: otherd @ counsel for the respective parties to this litigation, including, in-house course! and co-counsel retained for this litigation, () etnployees of such counsel, 16 © individual parties or officers or employees of a party, to the extent e of this litigation, ll deemed necessary by counsel for the prosecttion or defens e of 12 (a) consultants or expert witnesses retained for the prosecution or defens 3x oS 13 this litigation, provided that cach person shall execut e a copy of the Certification annexed to party so disclosing the Confidential 33 14 this Order (which shall be retained by counsel to the % 8 2G g information and made available for inspection by opposing counsel during the pendency or 15 shown and upon order of the Court) 16 after the termination of the action only upon good cause n, and provided that if the party 7 before being shown or given any Confidential Informatio 18 chooses a consultant or expert employed by the destndant or one of its competitors (as listed on or designating non-party, before 19 Appendix A), the party shall notify the opposing party, an 20 to that individual and shall give the opposing party disclosing any Confidential Information nting or limiting such disclosure; 21 opportunity to move fora protective order preve © any authors orrecipients of the Confidential Information; @® the Court, Court personnel, and court reporters; and A witness 24 @) witnesses (other than persons described in paragraph 4(e)). 25 shall sign the Certification before being shown a confidential document, Confidential who will not siga the Certification only in 4 Information may be disclosed to a witness Confidential Informetion is represented ot has 27 deposition in which the party who designated the ced by the party may be used At the 28 been given notice that Confidential Information protu 3 “STIFULATED PROTECTIVE ORDER involving the Confideatiel request of any patty, the portion of the deposition transcript paragraph 2 above. Witnesses Information shall be designated “Confidential” .pursuant to copies. shown Confidential Information shall not be allowed to retain discuss such 5, Any persons receiving Confidential Inforination shall not reveal or such information, except as set information to or with any person who is not entitled to receive forth herein, as to which a party submits 6. In connection with discovery proceedings copies containing Confidential nfdential Information, all documents and chamber the Court in sealed eavelopes Information which are subtnitted to the Court shall be filed with 10 or other appropriate sealed containers. On the outside of the envelopes, a copy ofthe first page il of the document shall be attached. If Confidential Information is included in the first page deleted from the outside copy. The word en 12 attached to the outside of the envelopes, it may be an ope and a statement substantially in the £F ga 13 “CONFIDENTIAL’ shall be stamped on the envel 4 following form shall also be printe d envelope: on the Court, contains Confidential 15 «his envelope is sealed pursuant to Order of the Be Eg nts revealed, except by Or ofde r or the Court 6a 16 Ynformation and is not to be opened or the cotite 17 agreement by the parties. e “Confidential Information” documents or discovery 18 7. A party niay designatas ding written notice to afl parties of the relevant 19 materials produced by a non-party by provi after receiving such 20 document mmbers or other identification within thirty (30) days or non-party may voluntarily disclose to others 21 documents or discovery materials. Any party by that party or uon-party es Confidential without restriction any information designated 23 Information, alth ou a doou gh ment may lose its confidential status if it is made public. led to confidential treatment, 24 8 Ifa patty comtends thet any material is not entit any time give written notice-to the party or non-party who designated the such party may at e (25) days material, The paor rt party who designated the material shall have twenty-fiv non-y from the receipt of such written notie to apply to the Court for am order designating the 27 28 STPULATED PROTECTIVE ORDER material as confidential. The party or non-party seeking the order has the burden of establishing thatthe document or material is eniled to protection, 9. Notwithstending any challenge to the designation of material as Confidential to the provisions hereof all documents shall be treated as such and shall be subject Information, unless and until one of the following occurs @) the party or not-party who claims thet the material is Confidential Information withdraws such designation in writing; or the party or not-party who claims that the material is Confidential b) the material confidential within Information fails to apply to the Court for an order designating n challenge to such designation; or 10 the time period specified above after receipt of a writte 1k ©) the Court rules the material is not Confidential Information. use of Confidential 10. All provisions of this Order restricting the communication or 3m 12 sion of the action, uiless otherwise Ree 13 Information shall continue to be binding after the conclu a painrt ssion of Confidential possey 14 agteed or ordered. Upon conclusion of the litigation, ngs, correspondence, and deposition Be 15 Information, other than that which is contained in pleadi Ez no later than thirty (30) days after conclusion oR 16 transcripts, shall either (e) retam such documents arty who provided such information, or (b) 7 of this action to counsel for the party or non-p upon consent of the party who provided the 18 destroy such documents within the tine period (30) days that the documents have been information and certify in writing within thirty 20 destroyed. able privilege or work 2i IL Nothing herein shall be deemed to waive any applic aparty to seek relief for an inadvertent disclosure 22 product protection, or to affect the ability of ct protection. Any witness or otber person, of material protected by privilege or work produ may be informed of and may obtain the 24 firm or entity from which discovery is sought s’ respective counsel or by oral advice at protection of this Onder by written advice to the partie eeding. 26 the time of eny deposition or similar proc 27 28 5 STIPULATED PROTECTIVE ORDER ‘The following provisions govern the freatrient of Confidential Information used at trial gs. or submitted as a basis for adjudication of mutters other than discovery mittions orproceedin of the ‘These provisions are subject to Rules 8.46, 8.490, 2.550,,2.55 2.580, and 2.585 California Rules of Court and must be conistrued in light of those Rules. as 12, A party that files with the Court, or seeks to use at trial, materials designated gach information sealed, Confidential Information, and who setks to have the record containing 2.55 shall submitto the Court a motion to seal, pursuant to California Rules of Court 13 A party that files with the Court, or seeks to use at trial, materials designated as seck to have the record Confidential Information by anyone other than itself, and who does not ngrequirements: 10 containing such information sealed, shall comply with either of the followi the ML (a) “At least ten (10) business days prior to the filing or use of to all parties, and to any non a= 12 Confidential Information, the submitting patty shall give notice pursuant to this Order, of the a2 13 patty that designated the materials as Confidential Information ta< Information, includinig specific ee 14 submitting party’s intention to file or use the Confidential or non-party may then file a 15 identification of the Confidential Information. Any affected party or ae 16 motion to seal, pursuant to California Rules of Court 2.551; we tion, the 17 ) [At the time of fling or desiring to use the Confidential Informa lodging-under-seal provisiott of 18 submitting party shall submit the materials pursuant to the or non-party may then file a motion to 19 California Rule of Court 2.551(d). Any affected party ten (10) business days after such 20 seal, pursuant to the California Rule of Court 2.551(b), within 2.551(d) shall bear a legend al lodging. Documents lodged pursuant to California Rule of Comt of ten (10) business days, stating that such materials shall be unsealed upon the expiration 551(b) or Court Order. 23 absent the filing of a motion to seal pursuant to Rule to Section 12 or 24 14, In comnection with a request to have materials sealed pursuant Rule of Court 2.551(bM1) 25 Section 13, the moving party’s declaration pursuant to California ular Confidential Information! and 26 shall comiain sufficient particularity with respect to the partic the findings required by California Rule of 27 the basis for sealing to enable the Court to make item of Confidential Information, 28 Court 2.550(d) without being required to review each 6 STIPULATED PROTECTIVE ORDER, LAW OFFICES OF THERESABAR TA By: THERESA BARTA for Plaintiff nussitt 4 DIANA P. BLUM, M.D. Dawa: Septenoe’ 80, 2602 GORDON By: MARCIE ISOM FITZSIMMONS CHRISTIN LAWLER 10 PALO KETO FOUNDATION 11 MEDICAL GROUP, INC. ar 12 Ses = F 13 Dated: (ephernleer 30, aor LITTLER MENDELSON, P.C. ast 20 14 beee 15 By; ° « LIND! 16 MAIK( Oo RO RARALRANIVAS wo W7 Attorneys for Defendants HEALTH and PALO ALTO 18 MEDICAL FOUNDATION 19 20 21 Judge Ma ureen A. Folan a2 Dated: _[O - , 2015 "asa is Cy Dip om Tee 23 24 25 27 Case 2 (GW ATISS™ 28 -J- Baw us. Sager Bealt® STPULATED PROTECTIVE ORDER CERTIFICATION d to me Theteby certify my understanding that Confidential Information is being provide y Agrecment and Onder pursuant to the terms and restrictions of the Proposed Confidentialit et dated October , 2015, in Diana P, Blum v, Palo Alto Foundation Medical Group, Ine., al, Santa Clara County Superior Court Case No. siscvaTTsed. have been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information to anyone, except as allowed by the Order. I will maintain all such Confidential Information - om ~— in a secure matter to prevent including copies, notes, or other transctiptions made therefr 10 conclusion of this action, I unauthorized access to it, No later than thirty (30) days after the i or other transcriptionsmade will return the Confidential Information— including copies, notes Information. I hereby therefrom — fo the counsel who provided me with te Confidential ax 12 Ag 13 Court, County of Santa Clara, for the aeo ne consent to the jurisdiction of the Celifornia Superior 14 purpose of enforcing the Corifidentiality Order. 15 and correct and that this Bre 1 declare under penelty of perjury that the foregoing is true gé 16 certif ica is execut this ionte day of, at 17 18 By: 19 Address; 20 21 Phone 23 24 25 26 27 8 tosgperes2nseaiy.) -8- STPULATED PROTECTIVE ORDER EXHIBIT B SUPERIOR COURT OF canon | Ce COUNTY OF SANTA CLARA vee I f DAVID DH.H, Y by. Super a eas ABAKI ‘of Banta Clara DEPUTY DIANA P. BLUM, M.D. CASE NO. 115CV277582 dip Bs¢ ‘D] ORDER GRANTING Plaintiff, DEFENDANTS’ JOINT MOTION TO COMPEL INDEPENDENT PSYCHIATRIC MEDICAL VS. EXAMINATION OF PLAINTIFF SUTTER HEALTH, a California corporation; PALO ALTO FOUNDATION MEDICAL 10 GROUP, INC., a California corporation, PALO ALTO MEDICAL FOUNDATION,a ) Date: November 22, 2016 California corporation; and DOES 1 through 20, 5) 11 Time: 9:00 a.m. De 8 12 Defendants. Judge: Hon. Maureen A. Folan 13 eee 14 Defendants’ SUTTER HEALTH, PALO ALTO FOUNDATION MEDICAL GROUP, to 15 INC., and PALO ALTO MEDICAL FOUNDATION (collectively Defendants) Motion y for 16 Compel Plaintiff DIANA BLUM’s Independent Psychiatric Examination came on regularl 9:00 a.m. Hieu 17 hearing in Department 8 of the above-entitled court on November 22, 2016 at of Defendant PALO 18 Tran Williams of Gordon Rees Scully Mansukhani LLP appeared on behalf d on behalf of Plaintiff 19 ALTO FOUNDATION MEDICAL GROUP, INC. Theresa Barta appeare appeared on behalf of 20 DIANA BLUM, M.D. Maiko Nakarai-Kanivas of Littler Mendelson PC . 2i Defendants SUTTER HEALTH and PALO ALTO MEDICAL FOUNDATION and in 22 The Court, having reviewed and considered the papers filed in support of counsel, and good cause 23 opposition to Defendants’ Motion, and considering the oral argument of 24 appearing therefor, 25 IT IS HEREBY ORDERED: D. 26 Defendants’ Motion to Compel Independent Psychiatric Examination is GRANTE 27 Ml 28 i NDENT [PROPOSED] ORD! ER GRANTING DEFENDANTS’ JOINT MOTION TO COMPEL INDEPE PSYCHIATRIC MEDICAL EXAMINATION OF PLAINTIFF Plaintiff Diana P. Blum, M.D. is ordered to undergo a psychiatric examination conducted | , by Dr. Mark Lipian. The parties are ordered to meet and confer regarding a mutually agreeable date, time, and location for the examination, Dr, Lipian’s exam is limited to determining the nature, extent, and cause ofplaintif’s alleged emotional distress, if any. During the examination, Dr. Lipian shall not be allowed to inquire into Dr. Blum’s family’s medical and/or psychiatric history. Because good cause exists and Dr. Lipian has signed the affidavit attesting that he will comply with the parties’ Stipulated Protective Order, Dr. Lipian may have access toplaintiff's medical and psychotherapy records from 2009 (when plaintiff's employment began) through the 10 present, None of Dr. Lipian’s staff will review any of plaintiff's medical and psychotherapy il records. The parties agree that al! medical and psychotherapy records reviewed by Dr. Lipian, 12 well as any report or other written document prepared by Dr. Lipian of the psychiatric 13 exatnination of Plaintiff, shall be designated as “CONFIDENTIAL.” and protected pursuant to 14 the parties’ Stipulated Protective Order. 15 No attomeys or other third parties are to be present during the examination. Dr. Lipian 16 and/or plaintiff may make an audio-recording of the examination. No physically painful tests or 17 invasive procedures will be administered. 18 tenes ne 19 ITISSO 20 21 NOV 28 2016 Judge Maureen A. Folan Dated; Judge of the Superior Court 22 23 24 25 26 27 8 Tosasapsosas6dv.t [PROPOSED] ORDER GRANTING DEFENDANTS’ JOINT MOTION TO COMPEL INDEPENDENT PSYCHIATRIC MEDICAL EXAMINATION OF PLAINTIFF EXHIBIT C Theresa J. Barta, SBN 150995 BARTA LAW 4041 Macarthur Blvd., Ste. 280 Newport Beach, CA 92660-2537 Telephone: (949) 833-3383 Facsimile: (949) 209-2530 Email: theresa@barta-law.com Charles M. Louderback, SBN 88788 Stacey L. Pratt, SBN 124892 LOUDERBACK LAW GROUP 44 Montgomery Street, Suite 2970 San Francisco, CA 94104 Telephone: (415) 615-0200 Facsimile: (415) 795-4775 E-Mail: clouderback@louderbackgroup.com spratt@louderbackgroup.com 10 Attorneys for Plaintiff DIANA P. BLUM, M.D. il IN AND FOR THE STATE OF CALIFORNIA 12 13 COUNTY OF SANTA CLARA - UNLIMITED JURISDICTION 14 DIANA P. BLUM, M_D., Civil Case No. 2015-1-CV-277582 15 Plaintiff, 16 NOTICE OF ENTRY OF ORDER RE: Vv. REPLACING ERRONEOUSLY FILE 17