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07-2224 - Duck v. Port Jefferson School District et al


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07-2224 - Duck v. Port Jefferson School District et al
January 25, 2008
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ORDER granting in part and denying in part 14 Motion to Compel. The motion is denied as to the plaintiffs medical records and other medical information. As to her psychological records, the court finds that she has not waived her privilege as to communications unrelated to the emotional damages flowing from the underlying facts of this case, provided that she submit a sworn statement that she is seeking only garden variety emotional distress claims, that she does not have any permanent emotional distress or damage from the underlying events, will not call a mental health expert witness at trial, and has not suffered any physical injuries as a result of the defendants alleged conduct. The plaintiff has, however, waived any psychotherapist-patient privilege as to communications that are related to her claimed emotional distress flowing from the underlying facts of this case, and she must respond to those discovery demands within two weeks of the date of this order. See attached. Ordered by Magistrate Judge William D. Wall on 1/25/08. (Hepworth, F.)
May 14, 2008
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MEMORANDUM OF DECISION AND ORDER - It is hereby: ORDERED, that the defendants are directed to produce to Judge Wall for in camera inspection, within 30 days of the date of this Order, the employment records of: (1) those individuals who were retired from the District and were offered or obtained new coaching positions following retirement; and (2) those individuals who were outside the District, specifically those who were not faculty at the District, at the time they were offered obtained coaching positions with the District; and it is further ORDERED, that defendants are directed to produce to Judge Wall for in camera inspection, within 30 days of the date of this Order, the employment records for Britt and Pennino, especially including the dates on which they were recruited to coach the Middle School Girls Field Hockey Team, and the dates on which they formally applied for and were awarded the position; and it is further ORDERED, that Judge Walls discovery order is affirmed in all other respects. (Ordered by Senior Judge Arthur D. Spatt on 5/14/08). (Coleman, Laurie)