Sudhir v. PHH Mortgage

Filing 63

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)

Download PDF
1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 VARINDER SUDHIR, 11 For the Northern District of California United States District Court 10 Plaintiff, 12 13 14 v. PHH MORTGAGE CORPORATION, ORDER RE COUNSELS’ JOINT LETTER OF AUGUST 16, 2017, RE DISCOVERY DISPUTE Defendant. / 15 16 No. C 16-06088 WHA The Court offered to hear the discovery dispute summarized in the August 16 letter on 17 August 24, then September 6, but counsel rejected both offers. Having read the joint letter, the 18 Court RULES as follows: 19 The medical records sought by defendant are out of proportion to the 20 issues in this case and plaintiff’s objection is SUSTAINED. Ordinarily, when a 21 plaintiff claims severe emotional distress, the other side is entitled to medical 22 records to test the claim, but in this case plaintiff will not be allowed to claim 23 “severe emotional distress” because of plaintiff’s refusal to provide medical 24 records. The most that plaintiff may seek to establish would be the garden variety 25 emotional distress, and neither plaintiff nor his counsel may in any way suggest 26 that the emotional distress was “severe” nor, of course, may plaintiff use a 27 medical expert on this question. Plaintiff and plaintiff only can testify to the 28 garden variety emotional distress. In the event that the testimony extends beyond 1 the garden variety emotional distress, the Court will advise the jury that plaintiff 2 refused to provide medical records to test this assertion and that it is unfair for 3 plaintiff to seek more than the garden variety emotional distress. 4 5 IT IS SO ORDERED. 6 7 Dated: August 22, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?