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STETSON v. SILVERMAN

No. S-09-209.

770 N.W.2d 632 (2009)

278 Neb. 389

W.K. STETSON, M.D., et al., relators, v. Honorable Brian C. SILVERMAN, Judge, District Court for Dawes County, Nebraska, respondent, and Sharon K. Rankin, intervenor.

Supreme Court of Nebraska.

August 21, 2009.

Attorney(s) appearing for the Case

Mark E. Novotny, of Lamson, Dugan & Murray, L.L.P., and Lonnie R. Braun, of Thomas, Braun, Bernard & Burke, L.L.P., Omaha, for relators.

Maren Lynn Chaloupka and Robert Paul Chaloupka, of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, for Scottsbluff, intervenor Sharon K. Rankin.

HEAVICAN, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, and MILLER-LERMAN, JJ.

CONNOLLY, J.

SUMMARY

This is an original action. The relators have asked us to issue a peremptory writ of mandamus, ordering the Honorable Brian C. Silverman, judge of the district court for Dawes County, to vacate his discovery order in the underlying medical malpractice action. In that action, Sharon Rankin, the plaintiff, had filed notice of her intent to issue a subpoena to the Department of Health and Human Services (Department) for document protection...

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