Smith v. Dolgencorp LLC

Filing 30

ORDER denying 9 Motion to Compel; granting 11 Motion to Compel and directing that the examination by Dr. Peeples should be scheduled so that any report and supplemental disclosures can be made on or before August 15, 2011. The deposition of Dr. Peeples shall be scheduled on or before August 26, 2011; denying 27 Motion for Protective Order. The deposition of Dr. William Doss will take place as scheduled on July 29, 2011. Signed by Judge James M. Moody on 7/26/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BETTY J. SMITH
V.

PLAINTIFF
CASE NO. 4:10CV01534 JMM

DOLGENCORP, LLC, d/b/a
DOLLAR GENERAL

DEFENDANTS
ORDER

Pending are Plaintiff’s motion to compel, docket # 9, Defendant’s motion to
compel an independent medical examination, docket # 11 and Defendant’s motion for
protective order, docket #27. For the reasons stated during the hearing held on July 25,
2011, the Court finds and orders as follows:
Plaintiff’s motion to compel is DENIED. Plaintiff’s request for Defendant’s
claim file is DENIED.
Defendant’s motion to compel an independent medical examination by Dr. Earl
Peeples is GRANTED. Plaintiff’s request for limitations on this examination is
DENIED. The examination should be scheduled so that any report and supplemental
disclosures regarding the examination can be made on or before August 15, 2011. The
deposition of Dr. Peeples, shall be scheduled on or before August 26, 2011. Plaintiff may
file a Daubert motion regarding the admissibility of Dr. Peeples testimony on or before
September 6, 2011. Defendant’s response to any Daubert motion shall be filed on or
before September 12, 2011. The evidentiary deposition of Dr. Peeples shall be completed

at a mutually convenient date and time prior to trial.
Defendant’s motion for a protective order is DENIED. The deposition of Dr.
William Doss will take place as scheduled on July 29, 2011.
IT IS SO ORDERED this 26th day of July, 2011.

________________________________
James M. Moody
United States District Judge