Summary
This District Court of the Virgin Islands order addresses a renewed motion for a confidentiality and protective order regarding discovery materials. The court balances the plaintiff's interest in shielding her medical, psychological, financial, and children's records against the defendant's need to access them for his counterclaims and damages theory. Applying Federal Rule of Civil Procedure 26, the court grants the motion in part, designating specific records as confidential while allowing disclosure to law enforcement and child protective services but prohibiting distribution to professional licensing boards.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is entitled to a protective order covering medical, financial, and children’s records.
- Whether the court may compel disclosure of the plaintiff’s medical records to the Virgin Islands Board of Medical Examiners.
Holdings
- The court grants a protective order that includes medical records, the parties’ federal and state tax returns, and the minor children’s medical records as Confidential Information, but excludes financial information beyond tax returns.
- The court declines to allow the plaintiff’s medical records to be shared with the VIBME or any governmental agency dealing with professional licensing.
Key quotations
“The Court will decline to allow Willett’s medical records to be shared with the VIBME or “government agencies in any jurisdiction dealing with professional licensing or professional oversight.”” (at 16)
“The “Definition of Confidential Information” paragraph in the Protective Order shall read: As used herein, the term “Confidential Information” means information or documents of any kind pertaining to any contract, agreement, medical records, psychiatric, psychological treatment, HIV/AIDS, Sexually Transmitted Disease, Mental Health treatment, or substance abuse treatment of any Party and the children of the parties. “Confidential Information” also includes the parties’ federal and state tax return documents.” (at 13-14)
Factual background
Plaintiff alleges that Defendant assaulted her in 2022, causing spinal injuries, PTSD, and other damages. Defendant counterclaims that Plaintiff falsified medical licensure documents and misappropriated funds. Both parties seek confidentiality of medical, financial, and children’s records.
Procedural history
Plaintiff filed a motion for a protective order on May 9, 2025; Defendant filed an opposition on June 25, 2025; the Court granted the motion in part and denied it in part on July 2, 2025.