LeGrand

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CONDALISA LEGRAND, Case No. 22-cv-05815-TSH

Plaintiff,

DISCOVERY ORDER

v. Re: Dkt. No. 91 ABBOTT LABORATORIES, Defendant.

12 Plaintiff moves to compel 54 documents responsive to her amended request for production 40 that Abbott has withheld based on the First Amendment privilege. The withheld documents are communications between Abbott and four industry groups and their members regarding the groups’ (1) draft comments on, and strategy and potential legal arguments about, an FDA proposed product labeling rule, and (2) emails and draft documents reflecting the formulation of trade association strategy regarding pending or proposed regulations, legislation, draft FDA guidance, and proposed international guidelines. See ECF No. 91-9. Despite Abbott’s belated assertion of a First Amendment privilege, the Court declines to find a waiver of this constitutional privilege. “[T]here is case law finding ‘that where a constitutional privilege is…