Kelly et al v. Marusarz

Filing 19

ORDER Denying Defendant's 13 Motion to Compel Physical Examination of Sharon Kelly, by Judge Richard P. Matsch on 8/3/2012.(rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 12-cv-00221-RPM SHARON KELLY and COLIN D. WRIGHT, Plaintiffs, v. ALEX MARUSARZ, Defendant. ____________________________________________________________________________ ORDER DENYING DEFENDANT’S MOTION TO COMPEL PHYSICAL EXAMINATION ____________________________________________________________________________ On July 10, 2012, the defendant filed a motion to compel physical examination of Sharon Kelly in Lakewood, Colorado. The plaintiffs’ response shows that Sharon Kelly, a resident of Australia, was in Colorado for her deposition and would have been available for an independent medical examination at that time. The defendant’s motion now seeks to impose an undue burden on the plaintiff to travel from Australia to Lakewood, Colorado, for this purpose. It is ORDERED that the Motion to Compel Physical Examination of Sharon Kelly is denied. Dated: August 3rd, 2012 BY THE COURT: s/ Richard P. Matsch ________________________________ Richard P. Matsch, Senior District Judge

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