Filed: Feb. 02, 2018
Latest Update: Feb. 02, 2018
Summary: ORDER CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of Defendants' Unopposed Motion to Compel Physical Examination of Plaintiff (Doc. 21) filed on February 2, 2018. According to Plaintiff's Amended Complaint, nine police officers, who are named as Defendants here, arrived at Plaintiff's residence on May 2, 2014 and questioned her regarding the whereabouts of her son. Doc. 11 23-24. Plaintiff alleges that during the officers' encounter with her, the of
Summary: ORDER CAROL MIRANDO , Magistrate Judge . This matter comes before the Court upon review of Defendants' Unopposed Motion to Compel Physical Examination of Plaintiff (Doc. 21) filed on February 2, 2018. According to Plaintiff's Amended Complaint, nine police officers, who are named as Defendants here, arrived at Plaintiff's residence on May 2, 2014 and questioned her regarding the whereabouts of her son. Doc. 11 23-24. Plaintiff alleges that during the officers' encounter with her, the off..
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ORDER
CAROL MIRANDO, Magistrate Judge.
This matter comes before the Court upon review of Defendants' Unopposed Motion to Compel Physical Examination of Plaintiff (Doc. 21) filed on February 2, 2018. According to Plaintiff's Amended Complaint, nine police officers, who are named as Defendants here, arrived at Plaintiff's residence on May 2, 2014 and questioned her regarding the whereabouts of her son. Doc. 11 ¶¶ 23-24. Plaintiff alleges that during the officers' encounter with her, the officers physically assaulted and battered her, causing her to suffer injury. Id. ¶ 25. Defendants seek to have Donn Fuller, M.D., conduct an orthopedic examination of Plaintiff on April 17, 2018 or such other date as agreed by the parties because Plaintiff's physical conditions are in controversy here. Doc. 21 at 3-4. Plaintiff does not object to the requested relief.1 Id. at 4.
Under Rule 35(a) of the Federal Rules of Civil Procedure, the court "may order a party whose mental or physical condition [ ] is in controversy to submit a physical or mental examination by s suitably licensed or certified examiner." Fed. R. Civ. P. 35(a)(1). Rule 35 further states that the order "may be made only on motion for good cause and on notice to all parties and the person to be examined," and "must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it." Fed. R. Civ. P. 35(a)(2).
Here, by agreeing to an orthopedic examination, Plaintiff has conceded to the existence of good cause for an orthopedic examination. Cartrette v. T&J Transport, Inc., No. 3:10-cv-277-J-25MCR, 2011 WL 652860, at *1 (M.D. Fla. Feb. 14, 2011). The Court also finds good cause for an orthopedic examination in light of Plaintiff's alleged injuries. See id.
ACCORDINGLY, it is hereby
ORDERED:
1. Defendants' Unopposed Motion to Compel Physical Examination of Plaintiff (Doc. 21) is GRANTED.
2. Plaintiff shall subject herself to an orthopedic examination by Donn Fuller, M.D., on April 17, 2018, or at a time and place mutually agreed by the parties.
DONE and ORDERED.
