Plaintiffs' Request for Production of Documents from Defendants Set Two

    1 Joel R. Reynol , ATI 
. | 1 \¥y 

Jacqueline Warwe | EMC; 5 oY IB 

  

| scien - i} , [NATURAL RESOURCES DEFENSE COUNCIL YT | 

3 [Los _Angeles, CA 90014 #1 ALA 
(213) 892-1500 | 

NAACP LEGAL DEFENSE AND 
EDUCATIONAL FUN 

           Jane Perkins 
NATIONAL HEALTH LAW PROGRAM 

2639 S. La Cienega Blvd. 
Los Angeles, CA 90034 
(213) 204-6010 

Susan Spelletich 
Kim Card 
LEGAL AID SOCIETY OF ALAMEDA COUNTY 

o 11440 Broadway, Suite 700 
“ |Oakland, CA 94612 

(415) 451-9261 

BILL LANN LEE 

KEVIN S. REED 

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. 

315 W. 9th Street, Suite 208 
Los Angeles, CA 90015 
(213) 624-2405 

MARK D. ROSENBAUM 

ACLU FOUNDATION OF SOUTHERN CALIFORNIA 

633 South Shatto Place 
Los Angeles, CA 90005 
(213) 487-1720 

Attorneys for Plaintiffs 
18 (Additional counsel on following page) 

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF CALIFORNIA 

ERIKA MATTHEWS; et al., Civ. No. C-90-3620 EFL 

CLASS ACTION 
  

  

) 

22 ie ) 
Plaintiff, ) PLAINTIFFS’ REQUEST 

23 ) FOR PRODUCTION OF 

) DOCUMENTS FROM 

24 [VS- ) DEFENDANTS 
) 

25 KENNETH KIZER, ) [SET TWO] 

) 
26 Defendant. : 

27     
 



  

Edward M. che dl 
ACLU FOUNDATION OF NORTHERN CALIFORNIA 

1663 Mission Street, Suite 460 
San Francisco, CA 94103 
(415) 621-2493 

   



  

  

  

Pursuant é Rule 34 of the Federal =@s of Civil 

Procedure and Local Rule 230-2, plaintiffs hereby request that 

no later than April 19, 1991, defendant produce for inspection 

and copying all documents specified herein in defendants’ 

custody, possession or control at the offices of the National 

Health Law Program; 2639 S. La Cienega Blvd., Los Angeles, CA 

90034. 

DEFINITIONS 

A. The term "document" shall consist of all "documents" 

within the meaning of Fed. R. Civ. P. 34 and all "writings and 

recordings" within the meaning of Fed. R. Evid. 1001 and 

specifically includes telephone logs. 

B. The phrase "refer or relate," when used with respect 

to any given subject, means to consist, constitute, contain, 

concern, comprise, embody, reflect, identify, state, refer to, 

relate to, pertain to, deal with, or to have any logical or 

factual connection whatsoever with the subject. 

C. The term "Department" means the California 

Department of Health Services, its agents, officers, 

employees, and any persons acting in concert therewith, 

including the Early Periodic Screening, Diagnosis and 

Treatment ("EPSDT") and Child Health and Disability Prevention 

("CHDP") Programs. 

D. The term "State" means the State of California. 

INSTRUCTIONS 

A. Unless otherwise indicated, each demand for 

production requires the production of documents relating to 

  

 



  
  

the californiaffedical Assistance program 1so known as 

"Medi-Cal." 

B. For any document covered by the following requests 

that is withheld from production because of a claim of 

privilege, identify each such document by date, author, 

recipient(s), subject matter, and basis for the claim of 

privilege. 

REQUESTS 

3. The most recently submitted EPSDT annual report form 

HCFA-416 and all subsequent forms HCFA-420 submitted to the 

United States Department of Health and Human Services (HHS). 

4. Documents from HHS to the Department and from the 

Department to HHS regarding the EPSDT Program, including 

documents that refer to the Department’s compliance with HHS 

requirements for operation of the EPSDT Program. 

5. All documents showing the Department’s system for 

monitoring EPSDT/CHDP Program participants and for identifying 

children eligible for EPSDT/CHDP. 

6. All forms and/or materials the Department uses to 

inform eligible households of the availability of EPSDT/CHDP 

services. 

1. All forms and/or materials the Department uses to 

inform eligible households of the availability of EPSDT/CHDP 

lead blood assessment services. 

8. All documents that reflect the Department's 

procedures for informing persons who are illiterate, blind, 

deaf, or unable to understand English of EPSDT/CHDP services. 

  

 



  

27 

28   

9. All @- agreements between the @ partment and 

physicians, other agencies, health maintenance organizations, 

and other providers for providing EPSDT/CHDP services 

including lead screening. 

10. All educational materials the Department requires to 

be used for the prevention of lead poisoning. 

11. All forms the Department uses for documenting 

diagnosis and plans for treatment, referral, and follow-up of 

lead poisoned children. 

Dated: March 2, 1991 NATURAL RESOURCES DEFENSE COUNCIL 
NATIONAL HEALTH LAW PROGRAM 

LEGAL AID SOCIETY OF ALAMEDA COUNTY 

NAACP LEGAL DEFENSE AND EDUCATIONAL 

FUND, INC. 
ACLU FOUNDATION OF SOUTHERN 

CALIFORNIA 
ACLU FOUNDATION OF NORTHERN 

CALIFORNIA 

Th ete 
ne Perkins 

Attorney for Plaintiffs 

  

  

 



  

® CERTIFICATE OF — 
  

I, Valerie Zachary, declare: 

I am over the age of 18 years and not a party to the 

within action. My business address is 2639 S. La Cienega 

Blvd., Los Angeles, CA 90034. 

On March 20, 1991, 1 served the within PLAINTIFFS’ 

REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANTS on 

defendants by depositing same in the U.S. Mails at Los 

Angeles, California, in a sealed, postage-paid envelope, 

addressed as follows: 

Harlan E. Van Wye 
Deputy Attorney General 
State of California 
Department of Justice 
2101 Webster Street 
Oakland, CA 94612-3049 

Linda Jane Slaughter 
State of California 
Department of Health Services 
Office of Legal Services 
714 P Street, Room 1216 
Sacramento, CA 95814 

Executed this Ze day of March, 1991 at Los Angeles, 

California. 

I declare under penalty of perjury that the foregoing 

is true and correct. 

  

hl ntd Ba nly 
v 8