Smart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DENISE SMART, Case No. 2:17-cv-01075-TLN-JDP Plaintiff, ORDER DENYING DEFENDANTS’

MOTION TO QUASH

v. ECF No. 60 CALIFORNIA HIGHWAY PATROL, et al., ORDER MODIFYING SUBPOENA 15 Defendants.

17 In this discovery dispute, the parties agree on two core legal issues. First, a therapist- patient privilege exists and may be asserted. Second, such privilege is waived when records are submitted to a third party for the application of benefits. Uncertainty remains, however, about the specific records possessed by the subpoenaed third party. Defendants bring this motion to quash as a protective measure against that uncertainty. Background On October 6, 2020, plaintiff subpoenaed a third party, the California Public Employees’ Retirement System (“CalPERS”),1 for the following:

26 27 1 CalPERS is an agency that manages pension and health benefits for California public employees, retirees, and…