FAVALE V. ROMAN CATHOLIC DIOCESE OF BRIDGEPORT
233 F.R.D. 243 (D.Conn. 2005)
NATURE OF THE CASE: Roman (D) moved for a protective order when Favale (Ps) moved, under
Fed. R. Civ. P. 37, to compel a principal to testify about treatment she may have received
for anger management, psychological, and psychiatric conditions, and to compel the diocese
to produce records.
FACTS: P worked as an administrative assistant at Saint Joseph's for twenty-one years. In
November of 2002, Sister Stobierski assumed the position of full-time principal. P alleges
that Sister Stobierski subjected her to 'severe and repeated sexual harassment' in the
workplace from December 2002 to June 2003.P alleges that Sister Stobierski touched her
inappropriately, made sexually suggestive comments, exhibited lewd behavior, and requested
physical affection. P first informed D, her employer, on June 11, 2003. P seeks damages for
sexual harassment, retaliation, defamation, intentional and negligent infliction of
emotional distress, negligent hiring, negligent supervision, and other causes of action.
Mark Favale asserts a claim for loss of consortium. Sister Stobierski is not a party to this
case. P's counsel asked Sister Stobierski questions pertaining to any psychological and
psychiatric illnesses she may have as well as any medical treatment she may have received
for these conditions. P also requested information relating to Sister Stobierski's alleged
anger management history. Sister Stobierski's attorney and D objected to this line of
questioning and directed Sister Stobierski not to respond to these inquiries. Ps seek to
compel Sister Stobierski to testify to any prior treatment she may have received for her
alleged anger management history and psychological or psychiatric conditions. Ps moved to
compel D to produce any records it has of any such treatment. D objects in that this
information is irrelevant and privileged. D also contends that this court lacks personal
jurisdiction over Sister Stobierski because she is a non-party witness who was not
subpoenaed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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