1-1700-10149-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE MINNESOTA DEPARTMENT OF HUMAN RIGHTS

 

Shirlee Gabbert,                                   Complainant,   v.   Metropolitan Training and Consulting,                                    Respondent.

ORDER COMPELLING DISCOVERY AND PROTECTIVE ORDER

           

            On April 23, 1996, the Respondent filed a Motion to Compel the Production of Documents which requested an order requiring the Complainant to produce medical/counseling records from the Samaritan Center for Pastoral Counseling.  The Complainant filed a response to the motion on May 3, 1996.  The Respondent replied on May 10, 1996.

            Harold LeVander, Jr., Esq., 2300 World Trade Center, 30 East 7th Street, St. Paul, Minnesota  55101-4904, represents the Respondent.  J. Thomas Church, Esq., 4700 Norwest Center, Minneapolis, Minnesota  55402, represents the Complainant.

            Based upon the written arguments submitted and upon all of the filings in this case and for the reasons set out in the Memorandum which follows:

            IT IS HEREBY ORDERED:

            1.         The Complainant shall authorize the Samaritan Center to release a copy of her medical records to counsel for the Respondent.

            2.         The medical records released to counsel for Respondent are confidential and shall not be disclosed to anyone other than the persons stated in this Order.

            3.         Disclosure of the medical records is limited to counsel for the Respondent, employees assisting counsel on the preparation of the case, and the following representatives of the Respondent, but only if necessary to prepare for the hearing:  Tom Grossman, Dave Norton, and Rick Conlow.

            4.         The medical records released pursuant to this Order must only be used in connection with this contested case hearing; it may not be used for any other purpose.

            5.         Each person having access to this confidential information shall be informed of this Order by Respondent’s attorney and is bound by its terms.

            6.         The medical records shall be kept in a separate file or envelope with a copy of this Order.  The file or envelope shall be marked “Confidential - Subject to Protective Order”.

            7.         Respondent’s counsel must return the copy of the medical records released pursuant to this Order to counsel for the Complainant at the close of this contested case proceeding.

            8.         A telephone conference is hereby set for 1:00 p.m. on Tuesday, May 28, 1996.

 

 

Dated this

15th

day of

May,

1996.

 

 

                                                                             

GEORGE A. BECK

Administrative Law Judge

 

MEMORANDUM

The Respondent seeks production of medical records from the Complainant’s mental health provider.  Since the Complainant makes a claim for damages for mental suffering in this proceeding, the records are relevant and discoverable.  Because such records are sensitive, their confidentiality must be protected as requested by the Complainant.  Complainant argues that the records should be restricted to Respondent’s attorney, his assistants and one person employed by the Respondent.  The Respondent contends that three people employed by the Respondent will need to see the records in order to prepare for the hearing in this matter and states that Tom Grossman makes all significant financial decisions with input from Dave Norton, who is the Director of Human Resources.  Rick Conlow is Respondent’s General Manager and will be the main fact witness at the hearing. 

It appears that the persons listed by the Respondent may have a need to review these records or a portion of these records in order for the Respondent to prepare for the hearing.  Nonetheless, this Order specifically provides that the records shall be reviewed by these persons only if Respondent’s counsel determines that it is necessary in order to prepare for the hearing.  Furthermore, each of these persons is specifically to be advised of the contents of this Order and to abide by it.

Since the hearing in this matter was indefinitely continued in order to resolve this discovery matter, the Order sets a telephone conference in order to discuss a hearing date or any other matters that need to be resolved.  The ALJ will initiate the call.  Counsel are requested to advise the Administrative Law Judge if they have a conflict with the time and date set for the telephone conference.

G.A.B.