Opinion
Civil Action CV-15-001
06-20-2015
DONALD FALVEY AND CYNTHIA FALVEY, Plaintiffs v. JOHN NAPEAHI, ROLLING FRITO-LAY SALES, LP, FRITO-LAY SALES, INC., FRITO-LAY, INC., JOHN DOES 1-5, JOHN DOE CORPORATIONS 1-5, JOE DOE PARTNERSHIPS 1-5, ROE NON-PROFIT ORGANIZATIONS 1-5, and ROE GOVERNMENTAL AGENCIES 1-5, Defendants
ORDER ON DEFENDANTS JOHN NAPEAHI'S AND FRITO-LAY'S APPLICATION FOR DEPOSITION FOR USE IN FOREIGN JURISDICTION PURSUANT TO M.R.CIV.P. 30(H)
Andrew M. Horton Justice
After reviewing Defendants John Napeahi's and Frito-Lay's Application for Deposition for Use in Foreign Jurisdiction, including the supplemental filing, the Court determines that the mental health treatment records of Donald Falvey are relevant to the claims Mr. Falvey has made in the lawsuit he filed and which is now pending in Hawaii, captioned Donald Falvey and Cynthia Falvey v. John Napeahi, Rolling Frito-Lay Sales, LP, Frito-Lay Sales, Inc., Frito-Lay, Inc., John Does 1-5, John Doe Corporations 1-5, Joe Doe Partnerships, 1-5, Roe Non-Profit Organizations 1-5 and Roe Governmental Agencies 1-5, Circuit Court of the Second Circuit, State of Hawaii, Civil No. 13-1-0686(1) (Motor Vehicle Tort). By filing this lawsuit, Mr. Falvey has put his own mental condition at issue. Ms. Lonsdale's records relating to his mental condition and treatment appear to be relevant to these issues.
Therefore, it is ORDERED that Ms. Lonsdale provide a sealed envelope to th/S Court which contains all of her records within four days for the Court's in-camera review. The Court will make a preliminary examination of the records and determine if there is any reason that her complete records should not be produced at this time. If all of the records are to be produced, the Court will enter an order requiring Ms. Lonsdale's custodian of records to attend a deposition, produce the complete records and answer the questions regarding the records set form in the deposition notice. If the Court determines that any parts of the records are to be redacted, the Court will provide a sealed envelope to counsel to be filed with the Court in Hawaii for further consideration, If Mr. Falvey Objects to any of the foregoing, his objection is waived unless made in writing filed with this court by January 27, 2015.