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Rock Fusco
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Filed: May 02, 2024 | Entered: May 02, 2024 Cain v. Guevara et al
440(Civil Rights: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Martha M. Pacold: The parties should file an updated status report by 5/29/2024, unless this case is consolidated with Abrego v. Guevara, 23-cv-1740, before that date. (rao, ) (Entered: 05/02/2024)
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Filed: May 02, 2024 | Entered: May 02, 2024 Hernandez et al v. Guevara et al
440(Civil Rights: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Jeremy C. Daniel: The plaintiffs' motion for entry of a HIPAA protective order used in other Guevara cases 54 is denied. The plaintiffs seek to implement a procedure through which the plaintiffs will be able to review any mental health records that the defendants may subpoena from third parties. According to the plaintiffs, this will allow them to review any third-party productions for documents shielded from discovery by the psychotherapist-patient and doctor-patient privileges. But "[i]f a plaintiff by seeking damages for emotional distress places his or her psychological state in issue, the defendant is entitled to discover any records of that state." Doe v. Oberweis Dairy, 456 F.3d 704, 718 (7th Cir. 2006). Here, the plaintiffs allege they "suffered loss of liberty, great mental anguish, humiliation, degradation, physical and emotional pain and suffering, and other grievous and continuing injuries and damages" because of their wrongful convictions. These allegations place the plaintiffs' mental health at issue, and beyond the reach of the privileges the plaintiffs wish to assert. Of course, the plaintiffs may object as appropriate to any subpoenas issued by the defendants to third parties. The defendants shall submit a word version of the HIPAA protective order to proposed_order_daniel@ilnd.uscourts.gov. Mailed notice (vcf, ) (Entered: 05/02/2024)
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Filed: May 02, 2024 | Entered: May 02, 2024 Gonzalez v. Guevara et al
440(Civil Rights: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Heather K. McShain: Telephonic motion hearing and ruling on plaintiff's motion to quash 157 and plaintiff's motion for priority during deposition questioning 159 held on 05/02/2024. For the reasons stated on the record, plaintiff's motion to quash 157 , construed as a protective order, is granted, and plaintiff's motion for priority during deposition questioning 159 is denied. Mailed notice. (pk, ) (Entered: 05/02/2024)
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