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Civil Rights: Other | New Jersey
Order on Motion for Discovery
TEXT ORDER: Having received and reviewed Defendant Advocare, LLC d/b/a Advocare - Berlin Medical Associates' ("Advocare") letter requesting that the Court enter "an Order prohibiting Plaintiff from engaging in the surreptitious recording of Advocare personnel via telephone and in-person at any location[,]" ECF No. 24; and the Court having received pro se Plaintiff's response thereto, objecting to the request, but stating that "[t]o the extent Defendants seek to prohibit future recordings, Plaintiff respectfully represents that she intends to comply with any lawful order entered by the Court[,]" ECF No. 29; and the Court noting that although New Jersey is a one-party consent state with respect to recorded conversations, the Court may, in its discretion, regulate the conduct of litigants during the course of discovery. See McGoveran v. Amazon Web Servs., Inc., 175 F.4th 434, 440 (3d Cir. 2026) ("As a general rule, 'matters of docket control and conduct of discovery are committed to the sound discretion of the district court.'" (quoting In re Fine Paper Antitrust Litig., 685 F.2d 810, 817 (3d Cir. 1982))); and for good cause shown, it is ORDERED that Defendant's request is GRANTED IN PART AND DENIED IN PART. It is ORDERED that Plaintiff shall not communicate with Defendant or Defendant's employees regarding the subject matter of this litigation except through counsel or formal discovery. It is further ORDERED that nothing in this Order prohibits Plaintiff from communicating with Defendant's medical practice for purposes of obtaining medical treatment, scheduling appointments, prescription refills, or other routine patient care matters for herself or her children. So Ordered by Magistrate Judge Elizabeth A. Pascal on 7/21/2026. (bda) N.M.
Letter
Plaintiff's Response to Defendants' request for a Protective Order from AMBER COULTER. (sms2, n.m.)
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