Sudhir v. PHH Mortgage
Filing
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ORDER RE COUNSELS' JOINT LETTER OF AUGUST 16, 2017, RE DISCOVERY DISPUTE [re 60 First Discovery Letter Briefre Medical Records filed by Varinder Sudhir]. Signed by Judge William Alsup on 8/22/2016. (whasec, COURT STAFF) (Filed on 8/22/2017)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VARINDER SUDHIR,
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For the Northern District of California
United States District Court
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Plaintiff,
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v.
PHH MORTGAGE CORPORATION,
ORDER RE COUNSELS’ JOINT
LETTER OF AUGUST 16, 2017,
RE DISCOVERY DISPUTE
Defendant.
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No. C 16-06088 WHA
The Court offered to hear the discovery dispute summarized in the August 16 letter on
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August 24, then September 6, but counsel rejected both offers. Having read the joint letter, the
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Court RULES as follows:
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The medical records sought by defendant are out of proportion to the
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issues in this case and plaintiff’s objection is SUSTAINED. Ordinarily, when a
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plaintiff claims severe emotional distress, the other side is entitled to medical
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records to test the claim, but in this case plaintiff will not be allowed to claim
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“severe emotional distress” because of plaintiff’s refusal to provide medical
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records. The most that plaintiff may seek to establish would be the garden variety
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emotional distress, and neither plaintiff nor his counsel may in any way suggest
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that the emotional distress was “severe” nor, of course, may plaintiff use a
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medical expert on this question. Plaintiff and plaintiff only can testify to the
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garden variety emotional distress. In the event that the testimony extends beyond
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the garden variety emotional distress, the Court will advise the jury that plaintiff
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refused to provide medical records to test this assertion and that it is unfair for
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plaintiff to seek more than the garden variety emotional distress.
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IT IS SO ORDERED.
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Dated: August 22, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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