Q: Motion to Compel-->>request for subpoena permutations.
Defendant pursues release of irrelevant medical records, by Motion to compel release.
Which Plaintiff's responsive pleading may prevent Defendant from requesting deposition subpoena (Opposition to motion to compel vs Motion for Protective Order)?
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
A:
In this situation, the Plaintiff has two main options for responding to the Defendant's Motion to Compel the release of medical records:
1. Opposition to Motion to Compel: The Plaintiff can file an opposition to the Defendant's Motion to Compel, arguing that the requested medical records are irrelevant to the case and that the motion should be denied. If the court agrees with the Plaintiff's arguments and denies the Motion to Compel, the Defendant would not be able to obtain a subpoena for the records based on that motion.
2. Motion for Protective Order: Alternatively or in addition to the Opposition, the Plaintiff can file a Motion for Protective Order under Federal Rule of Civil Procedure 26(c). This motion would ask the court to issue an order preventing the Defendant from obtaining the medical records through a subpoena or other discovery methods, on the grounds that the records are not relevant or that the request is unduly burdensome or invasive of the Plaintiff's privacy.
If the court grants either the Plaintiff's Opposition to the Motion to Compel or the Plaintiff's Motion for Protective Order, the Defendant would not be able to obtain a subpoena for the medical records based on the arguments raised in the Motion to Compel.
However, even if the court denies the Defendant's Motion to Compel, the Defendant may still attempt to subpoena the records through other means, such as by arguing that the records are relevant to a different aspect of the case or by presenting a narrower subpoena request. In this situation, the Plaintiff would need to object to the subpoena and potentially file a Motion to Quash the subpoena.
Ultimately, the success of the Defendant's efforts to obtain the medical records will depend on the specific facts of the case, the relevance of the records, and the court's assessment of the competing arguments raised by the parties.
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