Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-00125-JJF—lV|PT Document 103-2 Filed 05/11/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANDREA L. SPOLTORE, )
Uk/a ANDREA L. CADWALLADER, )
)
Plaintiff, )
) C.A. N0. 04-125 (JJF)
v. )
WILMINGTON PROFESSIONAL )
ASSOCIATES, INC., )
Defendant. )
ORDER
THIS MATTER, having been brought before the Court by Laurence V. Cronin,
Esq., of the law firm Smith, Katzenstein & Furlow LLP, counsel for defendant
Wilmington Professional Associates, for an order granting defendant leave to
subpoena the medical records, the treatment records and all other records of plaintiff
Andrea Spoltore from MeadowWood Hospital, Rockford Center and Father Martin’s
Ashley in Havre de Grace, Maryland, relating to her hospitalizations at those facilities
in 2004 and 2005 ("the requested records"); and plaintiff having objected to the
defendant’s application on the basis that the requested records are privileged and
protected from disclosure by Title 42 U.S.C. § 290dd-2(a); and the Court having
considered the documents submitted in support of the defendant’s application and in
opposition thereto; and having heard the arguments of counsel; and for the reasons
placed on the record on May 5, 2005:
IT IS HEREBY ORDERED, this day ofMay, 2005 as follows:
1. Defendant’s motion for leave to serve a subpoena on MeadowWood
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Hospital, Rockford Center and Father Martin‘s Ashley, that requires those facilities
produce all of the requested records , shall be and is hereby granted under the
following conditions and limitations:
a. The subpoena shall require that MeadowWood Hospital,
Rockford Center and Father Martin's Ashley produce all of the requested records , to
plaintiffs attomey, Kimberly Sutton, Esquire, at the law offices of Obermayer,
Rebmann, Maxwell & Hippel, at 20 Brace Road, Suite 300, Cherry Hill, New Jersey,
08034-2634.
b. MeadowWood Hospital, Rockford Center and Father Martin's
Ashley shall produce the documents that are the subject of the subpoena, only to
plaintiffs counsel, Kimberly Sutton, Esquire, at the law offices of Obermayer
Rebmann Maxwell & Hippel, at 20 Brace Road, Suite 300, Cherry Hill, New Jersey,
08034-2634 and they shall not be produced to the defendant or its counsel.
c. Plaintiffs counsel, Kimberly D. Sutton, Esq., will then mark or
cause to be marked, each page of the requested records received from those three
facilities in a manner so that they can be easily identified as being produced pursuant
to this order, and then, she shall immediately forward all of the requested records to
the Honorable Mary Pat Thynge, United States Magistrate Judge, in a sealed
envelope, for an in camera review by the Court.
d. Plaintiffs counsel, Kimberly D. Sutton, Esq., shall not produce
the requested records to counsel for defendant, but he shall be provided with a copy of
the transmittal letter(s) that will accompany the requested records that are being
forwarded to the Court.
2. After reviewing the requested records produced by the three facilities
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pursuant to this order, the Court will determine which, if any, of the requested
records will be forwarded to counsel for the defendant.
3. All of the requested records that are produced to counsel for the
defendant pursuant to this Order shall be deemed confidential and shall be subject to the
protective order entered by the Court in this matter on April 13, 2005, with the exception
that defendant’s counsel may not show or discuss any portion of the requested records
with anyone employed by defendant, or with any other attorney that represents the
defendant other than those affiliated with Smith, Katzenstein & Furlow LLP, absent
further order of the Court.
The Honorable Mary Pat Thynge, U.S.M.J.
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