9 results for 'judge:"Burkhardt"'.
J. Burkhardt denies the government's motion to compel the patient, who claims that the Department of Veterans Affairs' failure to diagnose and treat a retinal tear in his left eye left him with permanent injuries, to undergo a mental health exam. The government has failed to meet its burden to show that the patient placed his mental condition in controversy. The amount of emotional distress damages the patient seeks does not, by itself, justify a court-ordered mental health examination.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: February 2, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Emotional Distress, Discovery, Medical Malpractice
J. Burkhardt grants the government's motion to compel the release of a civilian's medical records in relation to claims that the Department of Veterans Affairs personnel failed to diagnose a retinal tear in his left eye. The civilian's medical and mental health records are relevant to determining whether he suffered from pre-existing injuries. However, the government is only entitled to records beginning five years prior to the incident at issue, rather than its request for records dating back 13 years.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: January 22, 2024, Case #: 3:23cv1026, NOS: Personal Injury - Medical Malpractice - Torts - Personal Injury, Categories: Government, Discovery, Medical Malpractice
J. Burkhardt grants a former senior account manager's motion to compel her former life science company employer to produce a modified version of an incentive plan document. The former employee, who is being sued for allegedly stealing trade secrets, sufficiently shows that the document would support her counterclaim for past due incentive rewards.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: November 13, 2023, Case #: 3:22cv1952, NOS: Defend Trade Secrets Act of 2016 (DTSA) - Property Rights, Categories: Employment, Trade Secrets, Discovery
J. Burkhardt partly grants Apple's motion to compel discovery against a technology company in relation the company's "pre-suit analysis" of Apple's Taptic Engine technology. Emails exchanged between the technology company's principals prior to contacting any attorneys cannot be withheld due to attorney-client privilege. However, documents and slides drafted and then presented at meetings with attorneys are protected by attorney-client privilege, as these constitute confidential communications between a prospective client and attorneys for the purpose of seeking legal representation.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: July 20, 2023, Case #: 3:21cv812, NOS: Patent - Property Rights, Categories: Patent, Discovery
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J. Burkhardt grants the funders' motion to quash Apple's subpoena in Taction Technology's action accusing Apple of patent infringement with certain models of its iPhones and Apple Watches. The requested documents were created by or for Taction Technology or for its representatives in anticipation of litigation, so they constitute work product. Neither the funders nor Taction Technology have waived work product protections over any documents appearing on the funders' privilege log.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: July 18, 2023, Case #: 3:21cv812, NOS: Patent - Property Rights, Categories: Patent, Discovery
J. Burkhardt denies the insured's motion for discovery relating to his lawsuit arising from a dispute over benefits under several disability income insurance policies the insurance company issued to the insured, who claims to be totally disabled as of May 2020. The insured is seeking to learn whether outside counsel transmitted certain claim file documents to the insurance company and what the company then did with those documents. However, such information is protected by attorney-client privilege.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 23, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Burkhardt partly grants an insured's request for production of documents concerning a dispute with an insurer over several disability income insurance policies. The insured sufficiently shows that the insurer is obligated to produce information regarding the amount it paid to an independent medical examinations company, which may have conducted a biased probe into his insurance claims for injuries he suffered from accidents beginning in 1982.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 15, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Discovery