Harden v. Boston Scientific Corporation et al

Filing 92

Magistrate Judge Donald L. Cabell: ORDER entered. ORDER ON DEFENDANTS' MOTION TO QUASH SUBPOENA AND MOTION FOR PROTECTIVE ORDER (DKT. NO. 88) denying 88 Motion for Protective Order and to Quash Plaintiff's Subpoenas. (Russo, Noreen)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

KELLY HARDEN,

Docket No. 15-cv-11503-MLW

Plaintiff,
v.
BOSTON
SCIENTIFIC
CORP.,
COLUMBIA
CONST.
CO.,
ROBIE
WINDOW SYSTEMS, INC., JONATHAN
ROBIE, TIMOTHY GREER, JOHN DOE
CORP., JOHN AND/OR JANE DOE
Defendants.

ORDER ON DEFENDANTS’ MOTION TO QUASH SUBPOENA AND MOTION FOR
PROTECTIVE ORDER (DKT. NO. 88)

CABELL, U.S.M.J.:
Upon

consideration

of

the

parties’

papers,

the

Court

concludes that the information sought is relevant and discoverable
under the broad scope of Fed. R. Civ. P. 26.

Therefore, the motion

to quash and for a protective order is DENIED.

The Department of

Criminal Justice Information Services (DCJIS) is hereby ordered to
provide to counsel for the above-named plaintiff a copy of the
defendant Mr. Timothy Greer’s CORI information.

This production

shall be subject to the limitations contained in M.G.L. c., 6 §
178.
Additionally, the Granite House in Derry, New Hampshire, and
the

New

Freedom

Academy

in

Canterbury,

New

Hampshire,

(collectively,

“treatment

providers”),

are

hereby

ordered

to

provide to counsel for the plaintiff a copy of the defendant Mr.
Timothy Greer’s treatment records.
The possession, use and treatment of the CORI information and
treatment records shall be subject to the following limitations.
First, with respect to all materials disclosed by the DCJIS
or treatment providers to plaintiff’s counsel of record in this
case, plaintiff’s counsel of record and the agents of plaintiff’s
counsel (members of the office of plaintiff’s counsel who are
directly engaged in assisting

in the legal prosecution of this

case, and other persons retained by plaintiff’s counsel for the
purpose of assisting in the legal prosecution of this case) may
further

disclose

such

materials,

or

information

contained

therein, only for the purpose of the legal prosecution of the
above-captioned case.

Such permissible disclosure by plaintiff’s

counsel of record and the agents of plaintiff’s counsel of record
includes

providing

the

above-referenced

materials,

and

the

information contained therein, to the plaintiff for the purpose
of the legal prosecution of the above-captioned case.
Second,
materials,

plaintiff’s
and

counsel

information

of

record

contained

may

therein,

disclose
to

such

potential

witnesses only for the purpose of the legal prosecution in this
matter, provided that

plaintiff’s counsel of record have made a
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good faith determination that such disclosure is necessary to the
proper preparation of the legal prosecution
addition, plaintiff’s counsel of record

in this case. In

must redact any social

security numbers, dates of birth, home addresses, names of minor
children, and financial account numbers of the plaintiff from the
copies of the materials shown to such witnesses.
Third, neither the plaintiff nor any other person receiving
from plaintiff’s counsel of record or the agents of plaintiff’s
counsel

the

disclosed

to

materials,

or

plaintiff’s

the

information

counsel

by

the

contained
DCJIS

or

therein,
treatment

providers in this case, is permitted to further disseminate or
further disclose such materials or information for any purpose at
any time.
Regarding the CORI information, this Order relates only to
the defendant’s adult record; no information regarding juvenile
offenses should be included.

SO ORDERED.

/s/ Donald L. Cabell
DONALD L. CABELL
United States Magistrate Judge
DATED:

July 25, 2017

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