Owens
Owens v. Fluz Fluz LLC, a Delaware limited liability company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 RYAN OWENS, Case No. 24-cv-01083-MMC (TSH)
Plaintiff,
DISCOVERY ORDER
v. Re: Dkt. No. 23 FLUZ FLUZ LLC, Defendant.
15 The parties have a dispute concerning redactions Plaintiff’s counsel has made to the Plaintiff’s medical records. The parties have agreed on a time frame for the relevant medical records, which is August 2021 to the present. The parties also agree that in this diversity action, California state law governs matters of privilege. See Fed. R. Evid. 501. The principle dispute is over the application of the physician-patient privilege and the psychotherapist-patient privilege. See Cal. Evid. Code §§ 990-1027. In the joint discovery letter brief, Defendant seemed to argue that all of the medical records Plaintiff has produced should be unredacted because he waived any privilege when he put his physical and emotional condition at issue by filing this lawsuit. Plaintiff disagreed and contended the waiver is limited to…