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36 ¦ JULY 6, 2020 CONNECTICUT OPINIONS

is not in BOP custody, the BOP is considering his Act, and defendant brought a motion for judg-
good time, and defendant could have petitioned ment on the pleadings, arguing that Title IX af-
for home or community confinement rather than fords no private remedy for employment discrimi-
release. The court noted the underlying offense nation claims based on the reasoning from Othon
and the “danger to the community” potentially v. Wesleyan Univ. The court agreed with defen-
presented by the defendant. dants, and granted the motion for judgment on
the pleadings. The court included the ruling from
DISCOVERY Othon as an appendix to the decision, wherein the
court observed the legislative history, the Supreme
Court Grants In Part And Denies In Part Court’s interpretations on Title IX, and precedent.

Motion To Compel Discovery FEE DISPUTES

CASE: Bowling v. Stamford Anesthesiology Serv., P.C. Court Grants Motion to Dismiss On
COURT: U.S. District Court for Connecticut Statutory Theft
DOC. NO.: 3:17cv642
COURT OPINION BY: Richardson
DATE: June 24, 2020 • PAGES: 8
CASE: Dr. Al Malik Office for Fin. & Econ. Consultancy v.
Plaintiff brought the present claim against de- Horseneck Capital Advisors, LLC
fendant, her former employer, alleging viola- COURT: U.S. District Court for Connecticut
tions of the Americans with Disabilities Act DOC. NO.: 3:19-cv-1417
and the Connecticut Fair Employment Practices COURT OPINION BY: Meyer
Act for failing to accommodate her disability, DATE: June 22, 2020 • PAGES: 9
retaliation, and termination. Defendant moved Plaintiff provided consulting services to entities
to compel unredacted copies of treatment notes seeking funds from investors in Saudi Arabia.
from one of plaintiff ’s therapists and public Plaintiff rendered services for one of defendant’s
health records meeting notes, and the court clients, however defendant refused to pay for the
granted in part and denied in part defendant’s services, asserting that the fees could be subject
motion. As to treatment notes, the plaintiff ar- to withholding for U.S. income tax. Defendant
gued the redacted pages were not relevant to the eventually rendered only part of the fees, and
present action, however the defendant noted sev- plaintiff brought the present claim to collect on
eral irrelevant documents had been made avail- the remaining fees. Plaintiff alleged breach of
able through discovery. The court noted that contract, statutory theft, unjust enrichment, spe-
while they would have preferred a privilege log, cific performance, breach of implied covenant,
plaintiff was not required to present unredacted and declaratory judgment. Defendant moved to
treatment notes where the information was irrel- dismiss the claims for statutory theft and breach
evant. The court found the meeting notes were of implied covenant. The court found that plain-
relevant in that they went to the heart of the de- tiff had not alleged enough facts that would qual-
fense. The court granted the motion to compel ify as criminal larceny to sustain the statutory
on meeting notes, but denied the motion as to theft claim, however did allege sufficient evidence
treatment notes. to support the implied covenant violation claims.
The court granted in part and denied in part the
defendant’s motion to dismiss.
EMPLOYMENT LITIGATION

Court Finds No Private Remedy For INSURANCE LITIGATION
Employment Discrimination Under
Title IX Court Grants In Part And Denies In Part
Motions In Limine In Insurance Claim
CASE: Piscitelli v. Univ. of Saint Joseph Dispute
COURT: U.S. District Court for Connecticut
DOC. NO.: 3:19-CV-01589
COURT OPINION BY: Dooley CASE: Amica Mutual Ins. Co. v. Coan
DATE: June 18, 2020 • PAGES: 26 COURT: U.S. District Court for Connecticut
DOC. NO.: 3:17-cv-01043
Plaintiff brought a single claim of retaliation pur- COURT OPINION BY: Bolden
suant to Title IX of the Education Amendments DATE: June 19, 2020 • PAGES: 16

CONNECTICUT
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