Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered granting in part and denying in part 86 Motion to Compel. The Defendant's motion to compel the Plaintiff to produce journal entries, 86 , under seal, is allowed in part and denied in part. So much of the motion that seeks production of journal entries made prior to January 30, 2021, is allowed, to the extent that such entries are not subject to a claim of attorney-client or other privilege belonging to the Plaintiff. Such entries may also be redacted consistent with the instructions below. Otherwise, however, journal entries predating the events in question here describing the Plaintiff's daily activities and emotional and physical condition then are obviously relevant to the Plaintiff's claim that the relevant events have caused him emotional distress and attendant physical problems.
So much of the motion that seeks production of journal entries made after September 7, 2025, is denied as moot given the representation that no such entries exist.
If the Plaintiff has not already done so, he must produce journal entries describing his own reactions to the medical diagnoses and conditions of third parties. The entries may not be redacted to conceal the name of the third parties or their relationships to the Plaintiff, although they may be redacted to conceal the actual medical diagnoses and conditions of the third parties. The Defendant is entitled to explore alternative causes of the Plaintiff's alleged distress (and to challenge the claimed severity of the distress), and there is no basis to withhold the Plaintiff's descriptions of distress that he connects to other events. The Defendant cannot adequately explore alternative causes without knowing the identity of the third parties. Conversely, the Defendant can adequately explore alternative causes without knowing the exact medical diagnoses or conditions of the third parties and, indeed, defense counsel previously indicated that the Defendant would not object to the redaction of third-party personal health information. [86-3], under seal, at 3.
The court also allows so much of the motion that seeks in camera review of the journal entries that have been redacted or withheld based upon an assertion of attorney-client privilege. Plaintiff's counsel must submit such entries to the court, ex parte, by August 13, 2026, via email to Deputy Clerk Vieira (Leonardo_Vieira@mad.uscourts.gov). This ex parte submission must be accompanied by an ex parte memorandum in which Plaintiff's counsel briefly explains the claim of privilege if it is not apparent from the face of the journal entry. The court will issue a further order following in camera review. (Ferguson, Kerry)