D&H Therapy Associates, LLC et al v. Boston Mutual Life Insurance Company

Filing 32

ORDER denying 28 Motion to Compel. So Ordered by Magistrate Judge David L. Martin on 10/20/08. (Noel, Jeannine)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND D&H THERAPY ASSOCIATES, LLC and ROBIN DOLAN, Plaintiffs, v. BOSTON MUTUAL LIFE INSURANCE COMPANY, : : : : : : : : : CA 08-005 S Defendant. ORDER DENYING MOTION TO COMPEL Before the Court is Plaintiffs' Motion to Compel the Production of Documents (Document ("Doc.") #28) ("Motion"). hearing on the Motion was conducted on October 15, 2008. In A accordance with the procedure announced at the conclusion of that hearing, the Court has conducted an in camera review of the documents at issue. After doing so, the Court finds that the The Court further finds that the documents are privileged. fiduciary exception does not apply to the documents because they relate more to defense against litigation from Plaintiff than to plan administration. DENIED. Accordingly, the Motion to Compel is ENTER: /s/ David L. Martin DAVID L. MARTIN United States Magistrate Judge October 20, 2008

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