This section contains the nature of the case and procedural background.

Thompson (P) sued Haskell (D) and her supervisor for sexual harassment. Dr. Lucas was retained by prior counsel to conduct a diagnostic review, and personality profile on P. P alleged that because of sexual harassment by a supervisor employed by D, P was reduced to a severely depressed emotional state. P was terminated by D on June 5, 1992. P was then examined by Dr. Lucas on June 15, 1992. A report was prepared. D sought discovery of the report. D contends that the examination by Dr. Lucas is highly probative with regard to the allegations of the suit and that allegation is essential to P's case. P filed a motion for a protective order from discovery. P contends that Rules 26(b)(3) and (4) protect a psychological report from discovery.

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