Q: Re: reasonable way to handle situation
Motion for protective order is not relevant for the situation.
Plaintiff requests defendant to create privilege log in production request and to disclose private information of individuals.
Can motion for camera review and motion for court order for disclosure of private data be submitted at the same time with production request and special interrogatories?
If yes - in what steps?
A:
Here are the steps I would recommend for handling this situation in California:
1. Serve the production requests and special interrogatories on the defendant. In the requests, ask the defendant to produce a privilege log identifying any documents withheld on the basis of privilege. Also request the private information you are seeking, making clear the relevance and importance of the information to your case.
2. If the defendant objects to the requests, especially regarding the disclosure of private information, file a motion to compel further responses. In the motion, argue why the requested private information is directly relevant to the case and necessary for you to obtain. Cite any relevant case law supporting disclosure.
3. Simultaneously with the motion to compel, file an ex parte application for in camera review of the private information. Explain that you are seeking private data, the defendant is objecting to its disclosure, and request that the judge privately review the information first to determine if it should be disclosed.
4. In the alternative to in camera review, or in addition to it, file a motion for a protective order to address privacy concerns. Propose that any private information disclosed be designated as "Confidential" and its use limited to the litigation only. Attach a draft protective order.
5. Set all the motions for the same hearing date so the judge can consider the issues together. The judge will likely rule on the in camera review request first. If granted, the judge would privately review the data before deciding the motion to compel its disclosure.
6. If the judge denies in camera review but grants the motion to compel, the confidential information would likely be produced subject to the protective order's limitations.
So in summary - serve focused discovery requests, move to compel if the responses are deficient, and simultaneously request in camera review and a protective order to address confidentiality issues in a streamlined manner. Of course, the specific approach may vary depending on the details of your case.
Hopefully this general guidance is helpful for your situation in outlining the key steps involved.
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