Opinion
CIVIL CASE NO. 3:11-cv-1326 (JCH)
02-13-2013
JONATHAN TROSS, Plaintiff, v. RITZ CARLTON HOTEL COMPANY, LLC, ET AL., Defendants.
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.
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Janet C. Hall
United States District Judge