Johnson v. Northwest Airlines, Inc.

Filing 29

ORDER to Show Cause, re 27 Letter filed by Northwest Airlines, Inc. (vrwlc2, COURT STAFF) (Filed on 11/25/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Northwest Airlines submitted to the court a series of letters between the attorneys of both parties regarding plaintiff Barbara Johnson's objections to Northwest's medical records subpoenas. Doc #27-2. In these letters, plaintiff's BARBARA JOHNSON, Plaintiff, v NORTHWEST AIRLINES, INC et al, Defendant. / No C 08-02272 VRW ORDER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

counsel has not made an adequate showing that the medical records whose production defendants have sought are privileged, not relevant or protected by the privacy protections of state law. Accordingly, with respect to each writing, recording or photograph referred to in plaintiff counsel's letters dated October 2 and 17

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

and November 2, 2008, and withheld from production or to which production was objected, plaintiff's counsel not later than December 2 shall: (1) Show good cause for withholding production or objecting to production of said writings, recordings or photographs in a writing filed with the court with copies served on all other parties; and (2) With respect to any writing, recording or photograph withheld from production or to which production is objected or a claim of privilege or trial preparation protection made, comply with FRCP 26(b)(5). As used herein "writing," "recording" and "photograph" shall have the meaning defined in FRE 1001. The court finds it is just and practicable in this proceeding to apply FRE 502.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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