I. Background

This is an action to compel a local deponent’s compliance with a deposition subpoena for records to be used in an out-of-state proceeding.

Physician Michael Black sued Cable News Network, Inc. (“CNN”) for defamation after it ran a story about high mortality rates for infants and children undergoing open heart surgery in the Pediatric Cardiac Surgery Program he manages at St. Mary’s Medical Center Hospital in Palm Beach, Florida. Dr. Black’s defamation action against CNN is currently pending in a Florida trial court. In defending against Dr. Black’s claim of reputational harm, CNN seeks to disprove his allegation that he was “‘one of North America’s preeminent pediatric cardiothoracic surgeons….’” (Mem. of Pts. & Auth. at p. 2:21–22, quoting Black’s Compl., ¶¶ 20, 199.) And so, CNN sought records from Dr. Black’s former employer—the Lucile Salter Packard Childre........