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)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JONATHAN TROSS,
Plaintiff,

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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

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