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N.D. Texas· 2/4/2005

Merrill v. Waffle House, Inc.

Citations

  • 227 F.R.D. 467
  • 2005 U.S. Dist. LEXIS 13054
  • 2005 WL 928602

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ordering production of “all documents maintained by or for Plaintiffs, 8 including diaries and journals, that relate to physical, mental, and/or emotional injuries”
  • explaining view that mental diagnosis is in issue when plaintiff offers evidence of psychiatric treatment or medical expert testimony to establish emotional harm
  • finding emotional 3 distress damages “necessarily vague” and thus exempt from Rule 26(a)(1)(C) disclosure
  • noting with respect to emotional distress damages that “[c]ourts considering the issue have generally found that the identities of health providers, the dates of treatment and the nature of the treatment are relevant to claims”
  • granting motion to compel, since diaries and journals were neither irrelevant nor privileged and noting “other courts, faced with this same issue, have routinely ordered the production of personal diaries in response to requests for production of documents”
  • “[S]everal courts have found that medical records are relevant to claims of mental anguish in discrimination cases.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ramirez

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Merrill v. Waffle House, Inc.

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.