MOTION TO QUASH SUBPOENAS
Set for Law and Motion/Discovery on Monday July 13, 2026, Line 13, PLAINTIFF MYTHILY SIVARAJAH MOTION TO QUASH SUBPOENAS
Plaintiff Mythily Sivarajah's motion to quash subpoenas is recharacterized as a motion for a protective order providing plaintiff a "first look" at the documents produced in response to the subpoenas and, as so characterized, the motion is granted and plaintiff's request for monetary sanctions is denied.
Information about plaintiff's HIV status, sexual health including STI testing, and her OB/Gyn history is confidential and not discoverable absent a showing that plaintiff has waived her confidentiality as to this information or the information is directly relevant to one or more issues in the case. Defendants have not shown that plaintiff has waived her confidentiality as to this information or the information is directly relevant to one or more issues in the case. Thus the court adopts the plaintiff's "first look" approach.
The deposition officer must deliver the responsive documents only to the plaintiff. The plaintiff must ensure that each page of the documents is bates-numbered or similarly labeled and make one full set of the responsive documents identified as the "court's set." No later than fifteen court days after receiving the responsive documents, plaintiff is required to produce all responsive documents to defendants less any redactions for information about plaintiff's HIV status, sexual health including STI testing, and her OB/Gyn history.
Any redactions must be reflected in a redaction log delivered to defendants at the same time as the documents are produced to defendants. If the parties are unable to resolve any disagreements about the redactions after meeting and conferring, defendants may file a motion to compel production of some or all of the redacted information and, in that event, plaintiff must provide unredacted pages to the court for in camera review with her opposition papers to the motion.
Because defendants acted with substantial justification, the plaintiff's request for monetary sanctions is denied.
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