A federal magistrate judge in the Central District of California has recommended blocking a former tour employee from presenting certain emotional distress evidence in her lawsuit against Lizzo’s touring company, Big Grrrl Big Touring Inc. The plaintiff, Asha Daniels, alleges she suffered emotional harm due to sexual and racial harassment and disability discrimination while working on Lizzo’s tour.
However, Magistrate Judge Pedro V. Castillo found that Daniels did not comply with discovery rules by failing to provide mental-health treatment records from her therapist and psychiatrist who provided online treatment, as well as the underlying data for a neuropsychologist’s expert report. Judge Castillo also found that Daniels made vague and insufficient efforts to obtain the documents in violation of the federal evidentiary requirements. Consequently, Castillo recommended excluding evidence of the therapist’s and psychiatrist’s treatment records or the neuropsychologist’s testimony and report pertaining to Daniels’ alleged emotional distress damages.
This recommendation, if adopted by the District Court, could significantly limit Daniels’ ability to recover emotional distress damages, which are often one of the largest components of damages a plaintiff seeks in a harassment and disability discrimination action. The defense may argue before the trier of fact that Daniels’ claims of emotional distress are unsubstantiated, as Daniels could have to support her alleged emotional distress with only her own testimony or the testimony of other percipient witnesses rather than an expert. The recommendation may also impact the valuation of the case.
Judge Castillo’s recommendation highlights the importance of seeking discovery related to a plaintiff’s alleged emotional distress to defend against similar claims of discrimination, harassment, retaliation and wrongful termination and to pursue sanctions when a plaintiff fails to comply with their discovery obligations.
Plaintiff's failure to produce her mental health records was neither justified nor harmless.
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