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.

Oxford v. Riddle

United States District Court, D. Kansas

January 24, 2019

KARRIE OXFORD, Plaintiff,
v.
JACOB RIDDLE, et al., Defendants.

          MEMORANDUM & ORDER ON MOTIONS

          HON. KENNETH G. GALE U.S. MAGISTRATE JUDGE

         Now before the Court is Defendants' Motion for Medical Examination Pursuant to Rule 35 and for Extension of Time. (Doc. 21.) Having reviewed the submissions of the parties, Defendants' motion (Doc. 21) is GRANTED.

         FACTUAL BACKGROUND

         In the present diversity of citizenship action, Plaintiff alleges she was injured in a motor vehicle accident, which she contends was caused by the negligence of Defendant Jacob Riddle (“Defendant Riddle”) while he was acting the course of his employment with Defendant Board of County Commissioners of Sedgwick County, Kansas (“Defendant County”). Defendants admit liability, but dispute the nature and extent of Plaintiff's damages. Plaintiff seeks damages for her alleged personal injuries including medical expenses, past and future economic loss, and pain, suffering, and mental anguish. (Doc. 1.) Plaintiff seeks over $500, 000 for future medical expenses. (Doc. 22-1.)

         Plaintiff's deposition occurred on December 14, 2018, following a postponement she requested. (Doc. 22, at 1.) Defendants requested to have an independent medical examination, pursuant to Fed.R.Civ.P. 35, performed on Plaintiff after her deposition. (Id.) Defendants also requested corresponding extensions of the IME deadline as well as Defendants' expert deadline. The deadline in the Scheduling Order for Rule 35 medical examinations was December 31, 2018 (four days before Defendants filed the present motion) with Defendants' expert designation deadline set for February 1, 2019. (Doc. 13, at 4, 5.) Plaintiff's counsel apparently did not object to the time extensions “as long as the trial date is unaffected … .” (Doc. 22, at 2; Doc. 23, at 2.)

         Defense counsel provided the dates of February 12, 14, 19, and 20, 2019, for an IME with Dr. Michael Johnson to occur at his office in Salina, Kansas. (Doc. 22, at 2.) Plaintiff, who filed the present case in the District of Kansas and lives in Carthage, Missouri, objects that Defendants have not shown “good cause” for the examination, which Plaintiff describes as unnecessarily burdensome and duplicative. (Doc. 23, at 1.) The Court notes, however, that the Scheduling Order entered in this case specifically states that “[t]he parties agree that physical or mental examinations pursuant to Fed.R.Civ.P. 35 are appropriate in this case.”

         (Doc. 13, at 5.) Plaintiff also objects that is unduly burdensome for her to be required to travel to Dr. Johnson's Salina office because she lives approximately 190 miles from Wichita and approximately 280 miles from Salina. (Doc. 23, at 1.)

         ANALYSIS

         I. Standards for Rule 35 Medical Examinations.

         Physical and mental examinations are governed by Fed.R.Civ.P. 35, which provides in relevant part:

         (a) Order for an Examination.

(1) In General. The court where the action is pending may order a party whose mental or physical condition … is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner.

         …

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

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.