DAVIS v. GLOBAL MONTELLO GROUP CORP

Filing 17

ORDER ON DISCOVERY DISPUTE re: 13 Objection to 11 Memorandum Decision and Order on Discovery Dispute. By JUDGE JON D. LEVY. (jgd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
CAROL A. DAVIS,
Plaintiff,
v.
GLOBAL MONTELLO GROUP
CORP.,
Defendant.

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2:16-cv-00418-JDL

ORDER ON DISCOVERY DISPUTE
Defendant objects to the Memorandum Decision and Order of the United
States Magistrate Judge dated March 3, 2017 (ECF No. 11), and seeks production of
the Plaintiff’s health care records. See ECF No. 13. After careful consideration of the
Magistrate Judge’s Order and the Defendant’s objection, I have made a de novo
determination of the issues raised. I concur with the conclusions reached by the
Magistrate Judge. Defendant’s oral motion to compel production of discovery is
DENIED, subject to the four conditions set out in the Magistrate Judge’s order,
namely:
1. The Plaintiff shall not pursue any claims for damages due to a medically
diagnosable mental health condition;
2. The Plaintiff shall not rely on any medical or mental health experts, providers,
or records to prove damages;
3. The Plaintiff shall not seek any damages based on hospitalizations or medical
or mental health treatment or evaluation; and

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4. The Plaintiff shall not seek damages for emotional distress beyond that which
would likely be felt by any healthy, well-adjusted person as a result of the
causes of action that she continues to allege after the date of this order.

SO ORDERED.
Dated this 5th day of April 2017

/s/ Jon D. Levy
U.S. DISTRICT JUDGE

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