Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fred Ward v. Union Pacific Railroad Company

August 4, 2011

FRED WARD,
PLAINTIFF,
v.
UNION PACIFIC RAILROAD COMPANY, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Lucy H. Koh United States District Judge

United States District Court For the Northern District of California

ORDER REGARDING DEFENDANTS' REQUEST FOR ORTHOPEDIC INDEPENDENT MEDICAL EXAMINATION OF PLAINTIFF

In this action, Plaintiff claims that he was injured by falling into a hole at Defendants' 18 premises. The parties had scheduled Plaintiff's independent medical examination (IME) for June 7, 2011. However, due to a scheduling mishap, the IME did not take place. Defendants sought to 20 re-schedule the IME, but have been unable to obtain an agreed-upon date from Plaintiff's counsel.

Defendants now request an Order from the Court requiring Plaintiff's IME by a date certain.

Plaintiff opposes on the ground that Defendants' request is untimely.

Federal Rule of Civil Procedure provides:

35. Physical and Mental Examinations

(a) Order for an

(1) In General.

The court where the action is pending may order a party whose mental or physical condition - including blood group - is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner. The court has the same authority to order a party to produce for examination a person who is in its custody or under its legal control.

(2) Motion and Notice; Contents of the Order.

The order:

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and

(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.