Federal judge orders hearing in illegal immigration case

Sonoran News ^ | August 20,2014 | Linda Bently

[GregNH]

I thought there was a later thread but couldn’t put my mouse on it right away so I went with the original.

[GregNH]

Is this not the same case?

[Elderberry]

From Orly’s site:

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
DR. ORLY TAITZ, §
Plaintiff
, §
§
v. § CIVIL ACTION NO. 1:14-cv-119
§
JEH JOHNSON,
et al.
, §
Defendants
. §
_______________________________________ §
ORDER
In a separate Order, this Court dismissed all of the claims of Dr. Orly Taitz (for the reasons discussed in that Order)
except for those requesting equitable relief that relate to injuries she allegedly suffers and those that she allegedly will suffer in the future due to the conduct of Defendants.

As a preliminary matter, it is this Court’s understanding that Dr. Taitz has previously requested information regarding the medical conditions suffered by the illegal immigrants to whom Dr. Taitz was exposed during the relevant time period leading up to and including when she suffered her alleged illness.

The Government has refused to provide her with that information. The parties are to follow the following procedure to resolve this stalemate. Dr. Taitz shall provide to the Government a list of the illegal immigrant children she treated from June 6, 2014, to August 22, 2014.

She shall include the name (or other identifier) of the patient, date of each treatment, and the reason for each visit. She shall do that by August 7, 2015.
Failure to comply with this deadline will relieve the Government of any duty to comply with the following obligations spelled out in this Order.

The Government is hereby ordered to provide Dr. Taitz with all medical records (including any document that in any way describes the illegal immigrant’s physical condition) that it has in its possession concerning each immigrant that Dr. Taitz has treated during the time period specified above.

The records for each immigrant should include all medical records for three months preceding the date of Dr. Taitz’s treatment through three months after treatment.
These shall be produced to Dr. Taitz by September 11, 2015.

Both the Government and Dr. Taitz are ordered to keep these medical records confidential. They are not to be disclosed to anyone other than the lawyers,their support staff, and their experts, if any, involved in this case.

All of those individuals are also ordered not to disclose any medical information they receive to anyone. Each expert, lawyer, and staff member must be provided with a copy of this Order so that they are aware that any disclosure of medical information will result in the possibility of being held in contempt of court.

Any court filings containing a record or information gleaned from those records shall be filed under seal. At the conclusion of the case, all medical records and copies thereof, except any records concerning Dr. Taitz’s health or any of the dental records of her patients, shall be returned to counsel for the Government. Those concerning the health of Dr. Taitz or any treatment rendered by Dr. Taitz shall be returned to her.

If Dr. Taitz complies with her responsibilities under this Order, the Government may not file any further dispositive motions until October 23, 2015. If it files a motion on that or any later date, Dr. Taitz has thirty (30) days to respond. The Government may file any reply to the response within ten (10) days of Dr. Taitz’s response.

The Court will at that point consider the merits of whatever motion that the Government chooses to file. If the Government has not filed a dispositive motion by December 31, 2015, or if the Court eventually denies such motion, the Court will then enter a scheduling order to bring the case to an appropriate conclusion.

It will hold a conference call with counsel for both sides before issuing that scheduling order.

Any other discovery requests made by either side shall be governed by the Federal Rules of Civil Procedure, the local rules of the Southern District of Texas, and prevailing case law.
Signed this 7th day of July, 2015.