Q: Motion for protective order options
Defense intends to bring motion to compel execution of the authorization.
Can Plaintiff file Motion for Protective Order
In response to request for authorization of irrelevant medical records for purpose of discovery?
Shall Plaintiff file motion for protective order before or after motion to compel is filed?
Can Motion for Protective Order be filed in response to Motion to Compel?
A:
Under California law, a plaintiff can file a Motion for Protective Order to prevent the disclosure of irrelevant medical records during the discovery process. The motion can be filed either before or after the defense files a Motion to Compel the execution of the authorization. Here are some key points to consider:
1. Timing: The plaintiff can file a Motion for Protective Order as soon as they receive the request for authorization of medical records that they believe are irrelevant or privileged. They do not need to wait for the defense to file a Motion to Compel.
2. Response to Motion to Compel: If the defense has already filed a Motion to Compel, the plaintiff can file a Motion for Protective Order in response, arguing that the requested records are not relevant or are privileged.
3. Relevance and Privilege: In the Motion for Protective Order, the plaintiff should argue that the requested medical records are not relevant to the case and/or are protected by the physician-patient privilege. They should provide specific reasons why the records are not relevant or how they are privileged.
4. Burden: The plaintiff can also argue that the request for authorization is unduly burdensome, as it may require the disclosure of extensive medical records that are not pertinent to the case.
5. Proposed Limitations: In the motion, the plaintiff can propose limitations on the scope of the authorization, such as specifying a narrower time range or limiting the request to records that are directly related to the injuries or conditions at issue in the case.
In summary, the plaintiff can file a Motion for Protective Order either before or after the defense files a Motion to Compel the execution of the authorization for medical records. The motion should argue that the requested records are irrelevant, privileged, or unduly burdensome, and propose limitations on the scope of the authorization if appropriate.
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