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S.D.N.Y.Procedural orderFiled May 16, 2022

Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc.

Judge
Lorna Schofield
Docket
1:21-cv-05553
Court
U.S. District Court · Southern District of New York
Pages
4
DiscoveryCivil Procedure
In one sentence

In Gamza-Machado De Souza v. Planned Parenthood, Judge Schofield scheduled a discovery conference about disputed mental-health releases.

Who this affects

The order affects Plaintiff Ilana Gamza-Machado De Souza and Defendants Planned Parenthood Federation of America, Inc., Rachel Moreno, and George Walker by requiring the parties to participate in a discovery conference. The provided text does not show a ruling on the requested medical releases, costs, attorney’s fees, or deadline extension.

What happened

Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc. concerns Defendants’ request for additional releases for Plaintiff Ilana Gamza-Machado De Souza’s mental-health records. Defendants said those records were relevant to her claims for emotional and physical harm allegedly caused or worsened by her termination from Planned Parenthood Federation of America, Inc.

Defendants asked the court to discuss Plaintiff’s alleged failure to provide complete releases for records from January 2019 through May 2020. They also asked the court to require further releases, award their reasonable costs, and extend discovery deadlines. The opinion text does not show a ruling on those requests.

Judge Lorna G. Schofield scheduled a discovery conference for March 25, 2022, at 4:00 p.m., and ordered the parties to participate by telephone. The text is dated May 16, 2022, so the relationship between that date and the scheduled conference date is unclear.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Gamza-Machado De Souza v. Planned Parenthood Federation of America, Inc. · No. 1:21-cv-05553
Judge
Lorna Schofield
Date
May 16, 2022

What the Filing Was About

Defendants Planned Parenthood Federation of America, Inc. (PPFA), Rachel Moreno, and George Walker asked the court to schedule a conference concerning Plaintiff Ilana Gamza-Machado De Souza’s mental-health records. The filing states that Plaintiff worked at PPFA from October 1, 2019, through November 30, 2020, and that her lawsuit seeks damages for medical and psychological conditions that she attributes to her termination, including anxiety, depression, paranoia, and difficulty focusing.

Defendants asserted that earlier records showed Plaintiff had received mental-health treatment before and during her employment. They referred to a prior order dated March 31, 2022, which required Plaintiff to provide releases for mental-health providers’ records from January 2019 onward because the records were relevant to causation and damages. That order also required Plaintiff to continue her deposition for three hours to answer questions about her mental health after the records were produced.

Discovery Dispute

According to Defendants, Plaintiff provided supplemental releases for Dr. Leonid Vorobyev and Dr. Maryana Tselniker, but those releases did not produce the earlier records Defendants sought. Defendants also stated that records obtained from a third party identified Dr. Felix Geller as a psychiatrist whom Plaintiff had not disclosed in the litigation. Defendants argued that Plaintiff should provide a release for Dr. Geller and for providers who treated her between January 2019 and May 2020.

Defendants requested that the court either hold a conference or order Plaintiff to provide additional releases for that period. They also requested reasonable costs and attorney’s fees under the rule governing expenses for motions to compel discovery. In addition, they asked for a 45-day extension of the case-management deadlines because they had not yet deposed Plaintiff under the prior order and had not obtained the records they considered necessary.

Court’s Action

The court’s order states: “A discovery conference is scheduled for March 25, 2022, at 4:00 P.M.” It directs the parties to call a telephone number and use an access code. Judge Lorna G. Schofield signed the order.

The provided opinion text does not state that the court granted or denied Defendants’ requests for additional releases, costs, attorney’s fees, or extended deadlines. It also contains an apparent date inconsistency: the order is dated May 16, 2022, but the conference is listed as occurring on March 25, 2022.

The authoritative version

Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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