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Babson College
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Order | Filed: April 24, 2024 | Entered: April 24, 2024 Balachandra v. Babson College
Civil Rights: Education | Massachusetts
Order on Motion to Compel
District Judge Julia E. Kobick: ELECTRONIC ORDER.
The defendant’s motion to compel mental health treatment records 25 is DENIED without prejudice to renewal consistent with the following order. The parties agree that the relevant treatment records fall within the scope of the psychotherapist-patient privilege, as they reflect “confidential communications between a licensed psychotherapist and her patien[t] in the course of diagnosis or treatment.” Jaffee v. Redmond, 518 U.S. 1, 15 (1996); see ECF 28, at 6; ECF 31, at 4-5. At issue is whether the plaintiff has waived the psychotherapist-patient privilege. The plaintiff argues, and the Court agrees, that the Court should adopt a narrow approach to waiver. ECF 31, at 6. Indeed, “‘the federal court in Massachusetts has been [nearly] uniform in taking the more limited view’ of waiver of the psychotherapist-patient privilege.” Silvestri v. Smith, No. 14-cv-13137-FDS, 2016 WL 778358, at *4 (D. Mass. Feb. 26, 2016) (quoting Sorenson v. H & R Block, Inc., 197 F.R.D. 199, 204 (D. Mass. 2000)) (collecting cases). Under the narrow approach, “the privilege is not waived unless the plaintiff makes affirmative use of the privileged material in connection with prosecution of the case.” Booker v. City of Boston, Nos. 97-cv-12534-MEL, 97-cv-12675-MEL, 1999 WL 734644, at *1 (D. Mass. Sept. 10, 1999).
In light of the plaintiff’s commitment to forgo introducing evidence at trial of the substance of any privileged communications between her and her therapist, see ECF 31, at 5, the Court finds that the plaintiff has not waived the psychotherapist-patient privilege. See Silvestri, 2016 WL 778358, at *3 (“[T]he privilege is waived only ‘if plaintiff calls the psychotherapist as a witness or introduces into evidence (including by plaintiff’s own testimony) the substance of any privileged communication.’” (quoting Howe v. Town of N. Andover, 784 F. Supp. 2d 24, 34 (D. Mass. 2011))). To the extent the plaintiff wishes to preserve her privilege claim going forward, however, she shall not call her therapist as a witness, testify as to privileged communications with her therapist, introduce evidence of her specific diagnosis, or otherwise make affirmative use of privileged material in connection with her case. See Silvestri, 2016 WL 778358, at *4. If the plaintiff does seek to introduce such evidence, the defendant may then renew its motion to compel. (Currie, Haley)
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Response | Filed: April 18, 2024 | Entered: April 18, 2024 Balachandra v. Babson College
Civil Rights: Education | Massachusetts
Opposition to Motion
SEALED Opposition re 25 MOTION to Compel filed by Lakshmi Balachandra. (Attachment(s): # 1 SEALED Exhibit A) (Sealed submission granted 4/18/24) (Currie, Haley).
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Order | Filed: April 18, 2024 | Entered: April 18, 2024 Balachandra v. Babson College
Civil Rights: Education | Massachusetts
Order on Motion to Seal
District Judge Julia E. Kobick: ELECTRONIC ORDER granting 29 MOTION to Seal HER OPPOSITION TO DEFENDANTS MOTION TO COMPEL MENTAL HEALTH TREATMENT RECORDS
Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Currie, Haley)
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