Tross v. Ritz-Carlton Hotel Company LLC, et al

Filing 83

RULING denying 75 Motion to Compel. Signed by Judge Janet C. Hall on 2/13/2013. (Lewis, D)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JONATHAN TROSS, Plaintiff, : : : : : : : v. RITZ CARLTON HOTEL COMPANY, LLC, ET AL., Defendants. CIVIL CASE NO. 3:11-cv-1326 (JCH) FEBRUARY 13, 2013 RULING RE: DEFENDANTS’ MOTION TO COMPEL (DOC. NO. 75) Defendants’ Motion to Compel (Doc. No. 75), which seeks to compel the records of plaintiff’s wife’s counselor, Dawn Recinos, is DENIED. The plaintiff’s wife seeks damages for loss of consortium and does not assert a claim for mental or emotional distress. At most, “garden variety damages” would be recoverable. See Sims v. Blot (In re Sims), 534 F.3d 117, 141 (2d Cir. 2008); Safeco Ins. Co. v. Vecsey, 259 F.R.D. 23, 30 (D. Conn. 2009). SO ORDERED. Dated at New Haven, Connecticut this 13th day of February, 2013. /s/ Janet C. Hall Janet C. Hall United States District Judge 1

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