Dao v. Liberty Life Assurance Company of Boston
Filing
154
ORDER for In Camera Review by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 3/14/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HONG-NGOC T DAO,
Plaintiff,
United States District Court
Northern District of California
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Case No. 14-cv-04749-SI (EDL)
ORDER FOR IN CAMERA REVIEW
v.
Re: Dkt. No. 151
LIBERTY LIFE ASSURANCE COMPANY
OF BOSTON,
Defendant.
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This is a lawsuit regarding the denial of benefits under a long term disability policy issued
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to Plaintiff Hong-Ngoc Dao by Defendant Liberty Life Assurance Company of Boston. The case
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has been referred to this Court for discovery, and on July 30, 2015, this Court granted in part
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Plaintiff’s motion to quash or modify subpoenas and for a protective order in which the Court
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ordered Plaintiff to produce psychotherapy notes but allowed for redactions. On March 10, 2016,
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the parties filed a joint letter in which they dispute whether the Court’s prior Order limited
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permissible redactions to Plaintiff’s own personal traumatic experiences, or whether redactions
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relating to third parties could also be appropriate. The parties jointly request that the Court review
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in camera the psychotherapy records that Plaintiff previously produced in redacted form to
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determine whether Plaintiff’s redactions are appropriate or overbroad.
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The Court’s prior Order was not intended to strictly limit redactions to Plaintiff’s own
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personal trauma, and limited redaction of private information relating to third parties may also be
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appropriate. The Court will review in camera the documents Bates numbered 304, 313, 316, 317,
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375, 384, 390, 393, 394, 396, 402, 406, 407, 412, and 419 that, according to the log attached to the
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joint letter, were redacted to remove information relating to third parties. Within one week of the
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date of this Order, Plaintiff shall lodge directly with chambers both a redacted and unredacted
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copy of these documents. The parties do not appear to dispute that redactions of the other
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documents listed on the log are appropriate so the Court need not consider these documents in
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camera.
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IT IS SO ORDERED.
Dated: March 14, 2016
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ELIZABETH D. LAPORTE
United States Magistrate Judge
United States District Court
Northern District of California
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