No. 18-5802

John Doe v. Kaweah Delta Hospital, et al.

Lower Court: Ninth Circuit
Docketed: 2018-08-28
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-procedure civil-procedure-statute-of-limitations civil-rights confidentiality district-court-review due-process employment employment-conditions equitable-tolling medical-information-act statute-of-limitations summary-judgment
Key Terms:
SocialSecurity Privacy
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Why did the District Court ignore material facts on equitable tolling and statute of limitations?

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. Why did the District Court ask for a brief on equitable tolling and the statute of limitations and then ignore the material facts presented without review or discussion” 2. Why did the District Court cherry pick dates for the statute of limitations and then ignore the evidence provided by plaintiff where he extracted the statute statements from the opposition which showed that Kaweah Delta received notice within the 2 years statute of limitations? 3. Why did not the confidentiality of the Medical Information Act (“MIA”) sections (California Civil Code §§56.10 and 56.31) apply to Julie Breseman as an employee of Kaweah Delta Hospital whether or not she had been medically trained and had never held any professional licenses or certifications? If it did not apply to her, why was she required sign a declaration re the MIA as a condition of her employment? 4. Why did not the longer MIA statutes of limitations apply to Julie Breseman? 5. Why were none of the above material fact issues reviewed and discussed in the District Court’s opinion granting summary judgment? go . at : a

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-21
Petition for Rehearing filed.
2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 27, 2018)

Attorneys

John Doe
John Doe — Petitioner
John Doe — Petitioner