Varfolomeeva v. United States of America
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/13/18: Within seven days of this order, defendant shall retrieve the September 23, 2014 Application for Disabled Person Placard or Plates from the undersigned's courtroom deputy, and shall provide plaintiff with a copy.(Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALINA VARFOLOMEEVA,
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No. 2:17-cv-00599-CKD
Plaintiff,
v.
ORDER
UNITED STATES OF AMERICA,
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Defendant.
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On March 22, 2018, in response to defendant’s motion to compel (ECF No. 24), the court
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ordered plaintiff to produce for an in camera review the application that served as the basis for her
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September 23, 2014 disability placard. (ECF No. 29). The court explained that “[i]f upon review
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this document appears relevant to the questions at issue, the court will order that the document be
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provided to defendant.” (Id. at 3.) The court received a copy of the application on April 6, 2018.
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When plaintiff filed this lawsuit, she placed her physical condition and alleged limitations,
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at the time of a November 19, 2014 accident, directly at issue. (See ECF Nos. 1, 29.) Thus, any
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potential physical limitation present before November 19, 2014 is relevant to defendant. As a
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result of the application under dispute, plaintiff received a disability placard from the Department
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of Motor Vehicles on September 23, 2014. After reviewing the application in camera, it is
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apparent that this document is relevant to the questions that plaintiff placed at issue in this matter.
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Therefore, any privacy right that plaintiff may have in the application is outweighed by the
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defendant’s right to discovery about an issue central to its potential defense. See Fed. R. Civ. P.
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26; Williams v. Baron, No. CIV S-03-2044-LKK-JFM, 2007 WL 433120, at *1 (E.D. Cal. Feb. 5,
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2007) (“[p]rivacy rights in medical records are neither fundamental nor absolute.”).
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Accordingly, IT IS HEREBY ORDERED that:
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Within seven days of this order, defendant shall retrieve the September 23, 2014
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Application for Disabled Person Placard or Plates from the undersigned’s courtroom deputy, and
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shall provide plaintiff with a copy.
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Dated: April 13, 2018
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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14/17-cv-599.varfolomeeva.otpd
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