Scott v. City and County of Denver, The

Filing 68

SUPPLEMENTAL ORDER: the Department of Corrections shall transport the plaintiff, MajorJon Michael Scott (DOC # 158887), to the Denver Police Department Headquarters, 1331 Cherokee Street, Denver, Colorado, 2nd floor holding cell, on December 14, 2012, at 9:00 a.m., for the purpose of allowing the Rule 35 examination to occur. by Magistrate Judge Boyd N. Boland on 12/12/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-00053-MSK-BNB
MAJOR JON MICHAEL SCOTT,
Plaintiff,
v.
THE CITY AND COUNTY OF DENVER,
Defendant.
______________________________________________________________________________
SUPPLEMENTAL ORDER
______________________________________________________________________________
By an Order [Doc. # 53], I granted the Defendant’s Opposed Motion to Compel
Independent Examination of Plaintiff Pursuant to Fed. R. Civ. P. 35 and required the plaintiff to
submit to an examination:
(a) to occur in Denver, Colorado, at a location selected by the defendant. The
location shall include a secure interview room, which is capable of being monitored, either
through a glass partition or by video feed;
(b) at a date and time as the parties may agree, but no later than January 14,
2013;
(c) to be conducted by Dr. Brenda Schick;
(d) to obtain an objective measurement of the plaintiff’s ability to communicate
and his language skills and to obtain information necessary to rebut the opinions of Dr. Jean
Andrews, plaintiff’s expert. The examination is not to be conducted in such a manner as to
constitute a de facto deposition; and

(e) which may be observed by Ms. Lucas in the same manner as it is observed by
the plaintiff’s guard or jailer. Ms. Lucas may not address the plaintiff or Dr. Schick during the
examination and may not make any objection during the course of the examination.
I now am informed that the examination has been scheduled to occur at the facilities of
the Denver Police Department on December 14, 2012, at 9:00 a.m.
IT IS ORDERED that the Department of Correction shall transport the plaintiff, Major
Jon Michael Scott (DOC # 158887), to the Denver Police Department Headquarters, 1331
Cherokee Street, Denver, Colorado, 2nd floor holding cell, on December 14, 2012, at 9:00 a.m.,
for the purpose of allowing the Rule 35 examination to occur.
Dated December 12, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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