Carlus v. Public Health et al
ORDER: The defendants' motion 31 to compel is granted as set forth in the attached ruling. Signed by Judge Donna F. Martinez on 11/14/12. (Constantine, A.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
CONNECTICUT DEPARTMENT OF,
PUBLIC HEALTH and STEVE
CASE NO. 3:11cv172(AWT)
RULING ON MOTION TO COMPEL
alleging race discrimination in violation of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. § 2000e et seq.
Pending before the
court is the defendants' motion to compel.1
plaintiff has filed a response to the motion.
court rules on the requests at issue as follows:
Interrogatory 15 is granted if the plaintiff responds that he
is seeking damages for emotional distress.
The names, dates of
treatment and diagnoses of medical providers who treated the
plaintiff for emotional distress are relevant within the meaning of
Rule 26(b)(1) to his damages claim of emotional distress.
Perry v. City of New Haven, No. 3:11CV1485(RNC)(DFM), 2012 WL
3887061, at *2 (D. Conn. Sept. 6, 2012).
Chief Judge Alvin W. Thompson referred the motion to the
undersigned. See doc. #32.
documents exist, the plaintiff shall so state under oath.
Request for Production 7 is granted. If plaintiff alleges any
loss of earning capacity, he must provide a computation of those
Request for Production 18 is granted.
mitigation of damages. "A victim of employment discrimination has
'reasonable diligence in finding other suitable employment.'" Ford
Motor Co. v. EEOC, 458 U.S. 219, 231 (1982); see 42 U.S.C.
§ 2000e–5(g)(1). "This obligation is not onerous and does not
require [the victim of discrimination] to be successful" in the
attempt to mitigate. Hawkins v. 1115 Legal Service Care, 163 F.3d
684, 695 (2d Cir. 1998).
"In order to reduce the meritorious
claimant's entitlement to backpay, the defendant employer has the
burden of demonstrating that she has failed to attempt to mitigate.
This burden may be met by establishing (1) that suitable work
existed, and (2) that the employee did not make reasonable efforts
to obtain it."
SO ORDERED at Hartford, Connecticut this 14th day of November,
Donna F. Martinez
United States Magistrate Judge
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