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Regan-Touhy v. Walgreen Co.

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Before HARTZ and GORSUCH, Circuit Judges, and BRIMMER,*fn1 District Judge.

Ashley Regan-Touhy claims that Kim Whitlock, a former Walgreen pharmacy technician, used her position to access Ms. Touhy’s pharmacy records and then disclosed the contents of those records to Ms. Touhy’s ex-husband, among others. Asserting diversity jurisdiction, Ms. Touhy sued Walgreen, alleging it is liable for the unlawful disclosure of her confidential medical information, as well as for the emotional distress that disclosure caused her. At the close of discovery, Ms. Touhy asked the court to compel Walgreen to produce materials that Ms. Touhy hoped would include evidence pointing to Ms. Whitlock as the source of the leaked information. The district court denied the motion and granted summary judgment in favor of Walgreen. On appeal, Ms. Touhy challenges both decisions. Because the district court acted within its discretion in finding Ms. Touhy’s discovery requests overly broad or adequately answered, and because the district court correctly determined that no admissible evidence could provide a basis for a reasonable jury to conclude that Ms. Whitlock had disclosed Ms. Touhy’s health information, we affirm.

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